U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–010 

" ! SENATE 113TH CONGRESS

1st Session 

REPORT 

2013

113–127 

Calendar No. 263 

INTERNATIONAL FISHERIES STEWARDSHIP 

AND ENFORCEMENT ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 269 

DECEMBER 17, 2013.—Ordered to be printed 


rfrederick on DSK6VPTVN1PROD with HEARINGcongress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

ED MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

DAN COATS, Indiana 

TIM SCOTT, South Carolina 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

RON JOHNSON, Wisconsin 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


rfrederick on DSK6VPTVN1PROD with HEARING
Calendar No. 263 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–127 

INTERNATIONAL FISHERIES STEWARDSHIP AND 

ENFORCEMENT ACT 

DECEMBER 17, 2013.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 269] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 269) to establish uniform administrative and enforcement authorities for the enforcement of the High 

Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes, having considered the same, reports 

favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 269, the International Fisheries Stewardship 

and Enforcement Act, is to harmonize and strengthen the enforcement provisions of Federal statutes that implement international 

fishery agreements to which the United States is a party. 

BACKGROUND AND NEEDS

Many fish stocks around the world have become depleted in the 

last several decades as a result of fleet overcapacity, overfishing, 

and ineffective fisheries law enforcement regimes. Coastal fishing 

nations are responsible for managing the fish stocks that fall within their domestic waters, which extend 200 nautical miles from 

their coastline, also known as their exclusive economic zone (EEZ). 

Unfortunately, many coastal nations do not manage fish stocks 

sustainably, enforce their fishery conservation and management 

measures effectively, or coordinate management of shared fish 

stocks with other fishing nations. 


rfrederick on DSK6VPTVN1PROD with HEARING
2 

1 Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1884 

(2012) (first enacted as the Fishery Conservation and Management Act of 1976, Pub. L. 94-265, 

90 Stat. 331 (1976)). 2 6 U.S.C. § 468(a)(1)(D) (2012). 3 See generally Presidential Directive 27, Jan. 19, 1978 (establishing uniform procedures within the United States Government for dealing with non-military incidents which could have an 

adverse impact upon the conduct of U.S. foreign relations). 

The Magnuson-Stevens Fishery Conservation and Management 

Act (MSA), enacted in 1976 as the Fishery Conservation and Management Act of 1976, provides the primary architecture for the conservation and management of fisheries in United States Federal 

waters.1 Under the MSA, the United States Government exercises 

sovereign rights and exclusive management authority over fish and 

Continental Shelf fishery resources within the United States EEZ. 

The MSA vests the Secretary of Commerce (Secretary) with overall 

authority for the management of these resources. The Secretary 

generally carries out these responsibilities through the National 

Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS). The MSA calls for Regional Fishery Management Councils established by the Act (and the Secretary in certain 

cases) to develop fishery management plans, subject to the Secretary’s approval, that follow the Act’s requirements, including rebuilding overfished stocks and setting sustainable harvest levels 

using catch limits based on the best available science. The requirements of the MSA and the fishery management plans promulgated 

thereunder are enforced by the Secretary and the Secretary of the 

department in which the Coast Guard is operating. 

Coordinated management of fish stocks harvested on the high 

seas (i.e., waters beyond the jurisdiction of any nation) is accomplished by nations participating in Regional Fisheries Management 

Organizations (RFMOs) or through international agreements created to guide and coordinate the fishery management activities of 

multiple nations that target common stocks in specific regions. 

Each nation that chooses to participate in an RFMO or an international fishery agreement retains its sovereignty, yet is expected 

to develop domestic fisheries laws and regulations consistent with 

each agreement. The United States follows this practice and seeks 

to enact implementing legislation and promulgate regulations 

where necessary in order to meet its commitments in RFMOs and 

under international fisheries agreements. Short of such an agreement or implementing legislation, U.S. fisheries managers seek discussions with foreign counterparts to address concerns on interjurisdictional stock management. 

U.S. international fishery enforcement activities are conducted 

by the Coast Guard and the NMFS under a longstanding interagency agreement. The Coast Guard, whose 11 statutory missions 

include fisheries law enforcement,2 is responsible for conducting 

international (as well as domestic) fishery patrols and all other atsea enforcement, while the NMFS is responsible for dockside and 

landside enforcement. The Coast Guard conducts its international 

enforcement operations in close coordination with the State Department, as required by Presidential Directive 27.3 The NMFS and the 

Coast Guard also provide input to the State Department for the negotiation of international fishery agreements and the review and 

approval of foreign fishing vessel permit applications. 


rfrederick on DSK6VPTVN1PROD with HEARING
3 

4 David J. Agnew et al., Estimating the Worldwide Extent of Illegal Fishing, PLoS ONE, Feb. 

2009, at 4. 

Foreign Illegal, Unreported, and Unregulated (IUU) Fishing 

The term ‘‘IUU fishing’’ describes a range of fishing activities, including: the failure to report, or the misreporting of, catches; fishing without the permission of a coastal country; the reflagging of 

vessels to countries that are unable or unwilling to adequately control their fishing activity; and noncompliance with fishing gear and 

area rules. The extent to which IUU fishing occurs is not fully 

known, but some have estimated that it accounts for as much as 

a fourth of the world’s fish catch and, as such, represents one of 

the greatest challenges to sustainable global fishery conservation 

and management. It has been estimated in recent years that worldwide IUU fish harvests are worth between $10 billion and $23.5 

billion annually, and represent between 11 million and 26 million 

tons.4 Annual IUU harvests at these levels likely create significant 

ecological impacts. 

Worldwide, the amount of IUU fishing appears to be increasing 

as IUU fishermen attempt to avoid stricter fishing rules created to 

address declining fish stocks. Preventing IUU fishing on the high 

seas is difficult due to the vast areas of ocean to monitor, enforcement resource limitations, and a high volume of operating fishing 

vessels. Current international efforts to eliminate IUU fishing are 

mainly led through the United Nations (UN) Food and Agriculture 

Organization (FAO), and are primarily focused on persuading individual nations to better control and manage their fishing fleets. 

RFMOs generally strive to follow guidelines established by the UN 

to combat IUU fishing. The UN also plays an important role in addressing labor abuses on fishing vessels. 

IUU Challenges for Developing Countries 

In an effort to generate revenue, the governments of many developing coastal countries have negotiated agreements that allow developed countries, including European countries, China, and Russia, to harvest their fishery resources. In many instances, officials 

from developing countries have oversold fishing rights, thereby increasing potential total catches of their fish stocks well beyond sustainable levels. Fishing under these circumstances inevitably leads 

to overexploitation of fishery resources, and this problem is exacerbated by the fact that many developing coastal countries lack the 

capacity to conduct fish stock assessments, define sustainable harvest levels, and monitor compliance with and enforce fishery conservation and management measures. Taken together, these factors 

can result in rapid declines in abundance of local fish stocks which, 

in turn, threaten the livelihoods of local fishermen. Such circumstances have also led to illegal trafficking, exploitation, and 

physical abuse of what are often migrant workers on fishing vessels 

operating in the waters of developing nations. 

In some cases, these circumstances have even caused fishermen 

to turn to piracy. A prime example is the coastal country of Somalia. It has been widely reported that there are direct connections 

between the significant increase in piratical activity off the Horn 

of Africa in the past decade and reduced fishing opportunities 


rfrederick on DSK6VPTVN1PROD with HEARING
4 

5 See, e.g., Jeffrey Gettleman, Pirates Tell Their Side: They Want Only Money, N.Y. TIMES, 

Oct. 1, 2008, at A6; Paul Salopek, Somali Pirates Say It’s All about Payback, Exacting Tax for 

Years of Fish Poaching, They Say Waters Became Dumping Ground, SEATTLE TIMES, Oct. 15, 

2008, at A9; Todd Pittman, Somali Pirates a Far Cry from Buccaneers of Old, ASSOCIATED 

PRESS ONLINE, Apr. 11, 2009; Jason Straziuso, Fishermen See Benefits to Pirates, the Trawlers That Used to Scoop up All the Fish, Kenyan Fishermen Say, Have Been Scared Away, L.A. 

TIMES, Mar. 7, 2010, at 11; and Abdiqani Hassan, A Pirate’s Life of Luxury Comes with Risk, 

Scorn, Ex-fisherman Lured to Sea by Huge Ransom Payouts, CHI. TRIB., Mar. 13, 2011, at 30. 6 U.N. Security Council, Security Council Committee pursuant to resolutions 751 (1992) and 

1907 (2009) concerning Somalia and Eritrea, Report of the Monitoring Group on Somalia and 

Eritrea pursuant to Security Council resolution 2060 (2012): Somalia, 42, U.N. Doc. S/2013/413 

(Jul. 12, 2013). 7 Id. ¶ 41. 8 Id. ¶ 43. 

among Somali fishermen during the same time period.5 The increased pirate attacks seem to have originated as a response to foreign IUU fishing and dumping of toxic waste in Somali waters, 

both of which had a negative impact on fishing for Somali fishermen, and subsequently expanded into a ransom-driven, hostagetaking enterprise. More recently, it has been reported that the relationship between Somali piracy and IUU fishing has come full circle. In July 2013, the UN Security Council published a special report on Somalia which indicates that Somali pirates are now turning from hijacking ships to providing ‘‘private security’’ for vessels 

illegally fishing in Somali waters.6 Specifically, the report states 

that in northern Somalia a number of these individuals are reverting to prior, familiar patterns of illicit behavior, including armed 

protection of fishing activities and illegal fishing, arms trafficking, 

human trafficking, and transshipment of narcotics.7 The UN report 

also notes that illegal fishing has been reported to facilitate other 

forms of contraband, including weapons smuggling.8 The situation 

in Somalia makes clear that foreign IUU fishing has broader implications beyond international fishery conservation and management. 

In recent years, marine policy experts have recommended a number of measures to combat IUU fishing, particularly along the 

coasts of developing countries. These recommendations have included ending the system of flags of convenience, improving port 

inspections and strengthening port state controls, and reducing the 

fishing pressure caused by large fishing fleets from industrialized 

nations. These measures require resources, including funding, staff, 

technology, and expertise, that remain largely unavailable in many 

developing countries. 

Many foreign aid organizations, such as the World Bank, attempt 

to direct foreign financial and technical assistance to improve the 

sustainability of coastal nations’ fisheries, but the United States 

has undertaken only limited efforts to assist developing countries 

in targeting IUU fishing. 

The Magnuson-Stevens Fishery Conservation and Management 

Reauthorization Act of 2006 (MSRA), Pub. L. No. 109-479, 120 

Stat. 3575, which was passed by the 109th Congress and signed 

into law in January 2007, made significant improvements in the 

area of international fisheries conservation. The overarching theme 

of these improvements was the enhancement and expansion of the 

authority of the Secretary to work through various multilateral organizations, such as RFMOs, to address IUU fishing and bycatch 

of protected living marine resources (PLMR). 

Specifically, title IV of the MSRA amended the High Seas 

Driftnet Fishing Moratorium Protection Act (Moratorium ProtecVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
5 

tion Act), 16 U.S.C. §§ 1826d–1826k (2012), to require the Secretary to produce a biennial report to Congress which includes: the 

state of knowledge on the status of international living marine resources that are shared by the United States or are subject to a 

treaty or agreement to which the United States is a party, including a list of all fish stocks classified as overfished, overexploited, 

depleted, endangered, or threatened with extinction by international or other authorities charged with management or conservation of living marine resources; a list of nations the United 

States has identified as having vessels engaged in IUU fishing, bycatch of PLMR, or both; a description of efforts taken by listed nations to take appropriate corrective action; progress in strengthening the efforts of international fishery management organizations to end IUU fishing; and the steps taken by the Secretary at 

the international level to adopt measures comparable to those of 

the United States to reduce the impacts of fishing and other practices on PLMR. 

The MSRA also amended the Moratorium Protection Act to, 

among other things: require the Secretary to pursue specific improvements to strengthen international fishery management organizations through the adoption of IUU vessel lists, stronger port 

state controls, and market-related measures; require the Secretary 

to promote improved monitoring and surveillance of international 

fisheries; authorize the Secretary to promulgate implementing 

rules relating to certification for listed nations; and provide authority to prohibit the importation into the United States of fish and 

fish products from listed nations that fail to address deficiencies in 

preventing IUU fishing and PLMR bycatch. 

The Need for Legislation to Strengthen U.S. International 

Fisheries Enforcement 

As discussed above, the United States Coast Guard conducts 

international fisheries enforcement patrols and other at-sea enforcement activities, and the NMFS Office of Law Enforcement conducts land-based enforcement activities, with the State Department 

providing diplomatic and legal support where necessary. The Coast 

Guard and the NMFS enforce the provisions of a number of Federal statutes that implement the terms of international fisheries 

treaties and agreements to which the United States is a party. As 

these statutes were developed and enacted over several decades, 

they often took divergent approaches in the enforcement tools they 

provided, the fines and penalties they imposed, and the authorities 

they provided to carry out investigations of suspected violations. As 

a result, U.S. international fisheries enforcement efforts are carried 

out under a patchwork of different standards and authorities. Harmonizing these standards and authorities across various fisheries 

statutes would streamline, clarify, and strengthen the overall approach for targeting foreign IUU fishing. Furthermore, increasing 

fines and penalties would more effectively deter IUU fishing. These 

fines and penalties should amount to more than just the cost of 

doing business for those engaging in IUU fishing, as they do now. 

Harmonizing and clarifying international fisheries standards and 

requirements would also likely increase the ease and improve the 

efficiency with which the Coast Guard executes its at-sea fisheries 

enforcement activities. This is not an unimportant consideration as 


rfrederick on DSK6VPTVN1PROD with HEARING
6 

the Coast Guard seeks to fulfill its mission requirements in the 

face of an increasingly unpredictable and resource-constrained 

budgetary and appropriations process. 

The United States can take additional steps to promote interagency cooperation and reduce the bureaucratic barriers that can 

limit the effectiveness of fishery patrols, investigations, and any 

subsequent litigation. The Coast Guard and the NMFS undertake 

international fisheries enforcement patrols and other activities to 

the extent that funding and dockside enforcement resources allow, 

and as such have had limited effectiveness in reducing IUU fishing 

and preventing all IUU fish product from entering the United 

States. The United States could improve its law enforcement efforts 

by enabling agencies to better share enforcement authorities, information, intelligence (subject to appropriate protections), and other 

resources; enter into memoranda of understanding and other agreements with fisheries officers in U.S. States and other nations; and 

otherwise better utilize available intergovernmental tools and resources. 

Internationally, the United States has actively worked to 

strengthen existing RFMOs through renegotiation of their underlying agreements or the negotiation of new protocols. With substantial U.S. involvement, international fishery management organizations have adopted and shared IUU vessel lists; used observers and 

technologies to monitor compliance; promoted and used centralized 

vessel monitoring systems (VMS); established trade tracking and 

documentation schemes; prevented trade in or importation of IUUcaught fish or other living marine resources; and protected vulnerable marine ecosystems. Under the auspices of the FAO, the 

United States led the development of and signed an instrument on 

port state measures to prevent, deter, and eliminate IUU fishing. 

Ultimately, this convention, the Agreement on Port State Measures 

to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, will deny port entry to IUU fishing vessels and other 

vessels that support IUU fishing. The United States has not yet 

ratified this agreement. Additionally, the United States has yet to 

fully ratify and accede to the Antigua Convention, which was negotiated to strengthen and replace the 1949 Convention establishing 

the first RFMO, the Inter-American Tropical Tuna Commission. 

The Senate gave its advice and consent to enter into the Antigua 

Convention in 2005 and the Convention entered into force in 2010, 

but the United States must conform its domestic implementing 

statute, the Tuna Conventions Act of 1950, to the provisions of the 

Convention before it deposits its instrument of ratification and accedes to the Convention. 

The United States can also build upon existing efforts to provide 

technical assistance, training, and other support to developing 

countries struggling with fisheries management and IUU enforcement efforts. By encouraging the development of initiatives aimed 

at international fisheries conservation and IUU fishing, in cooperation with the NMFS and Coast Guard experts, the United States 

can expand its reach and effectiveness in targeting this significant 

marine policy problem facing developing countries. 


rfrederick on DSK6VPTVN1PROD with HEARING
7 

SUMMARY OF PROVISIONS

The International Fisheries Stewardship and Enforcement Act, 

S. 269, would harmonize and strengthen U.S. fisheries enforcement 

authorities and capabilities in order to better combat and deter foreign IUU fishing activities. 

Title I would strengthen the authority of the NMFS and the 

Coast Guard to enforce fisheries laws under international agreements to which the United States is a party, carry out fishery investigations and enforcement activities, and deter and discourage 

foreign IUU fishing activity through denial of port access to IUU 

fishing vessels of nations listed under the national certification 

process set forth in the Moratorium Protection Act. 

Title II would authorize the establishment of an interagency task 

force on international fisheries enforcement and provide the NMFS 

with new authorities to increase interagency cooperation, share resources and information, and extend authorities to other law enforcement officers. It also would enhance capabilities to provide: assistance for international capacity building efforts; training for 

monitoring, enforcement, and conservation efforts; and technical 

expertise, outreach, and education to combat IUU fishing and promote international marine conservation. 

Title III would make technical and clarifying amendments to a 

number of living marine resource conservation and management 

statutes, including several implementing statutes for international 

fisheries agreements to which the United States is a party. 

Title IV would implement the Convention for the Strengthening 

of the Inter-American Tropical Tuna Commission Established by 

the 1949 Convention between the United States of America and the 

Republic of Costa Rica, also known as the Antigua Convention. The 

Senate agreed to the resolution of advice and consent to this Convention on November 18, 2005. 

LEGISLATIVE HISTORY

Senator Rockefeller introduced S. 269, the International Fisheries Stewardship and Enforcement Act, on February 11, 2013. S. 

269 is cosponsored by Senators Begich, Blumenthal, Boxer, Cantwell, Hirono, Merkley, Murkowski, Nelson, Schatz, and Wyden. 

Similar legislation, S. 52, was introduced by Senator Inouye during 

the 112th Congress and referred to the Committee on Commerce, 

Science, and Transportation. On July 30, 2013, the Committee met 

in open executive session and, by a voice vote, ordered S. 269 reported favorably with an amendment in the nature of a substitute. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 269—International Fisheries Stewardship and Enforcement Act 

Summary: S. 269 would establish uniform enforcement policies 

and procedures among federal statutes that govern the regulation 

of commercial fishing. The bill also would expand the efforts of the 

National Oceanic and Atmospheric Administration (NOAA) to adVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
8 

dress illegal, unreported, and unregulated (IUU) fishing internationally. Finally, the bill would amend the Tuna Conventions Act 

of 1950 to implement the Antigua Convention, an international 

fishing agreement signed by the United States in 2003. 

Assuming appropriation of the necessary amounts, CBO esti- mates that implementing S. 269 would cost $31 million over the 

2014–2018 period. Enacting the legislation could increase revenues 

(from civil and criminal penalties) and associated direct spending; 

therefore, pay-as-you-go procedures apply. However, CBO estimates 

that the net effects of those collections and subsequent spending on 

future budget deficits would be negligible for each year. 

CBO has not reviewed title IV of the bill for intergovernmental 

or private-sector mandates. Section 4 of the Unfunded Mandates 

Reform Act (UMRA) excludes from the application of that act any 

legislative provisions that are necessary for the ratification or implementation of international treaty obligations. CBO has determined that title IV falls within that exclusion. The remaining provisions of S. 269 contain no intergovernmental or private-sector 

mandates as defined in UMRA and would impose no costs on state, 

local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 269 is shown in the following table. The costs 

of this legislation fall within budget function 300 (environment and 

natural resources). 

By fiscal year, in millions of dollars— 

2014 2015 2016 2017 2018 2014– 

2018 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

IUU Fishing Identification Program: 

Estimated Authorization Level .................................................................... 2 3 3 3 3 14 

Estimated Outlays ...................................................................................... 1 3 3 3 3 13 

Technical Assistance: 

Estimated Authorization Level .................................................................... 3 4 4 4 4 19 

Estimated Outlays ...................................................................................... 2 4 4 4 4 18 

Total Changes: 

Estimated Authorization Level ........................................................... 5 7 7 7 7 33 

Estimated Outlays ............................................................................. 3 7 7 7 7 31 

Note: IUU = illegal, unreported, and unregulated. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted early in 2014 and that the necessary 

amounts will be appropriated for each fiscal year. Estimated outlays are based on historical spending patterns for similar programs. 

Title I would expand the scope of a program to identify nations 

engaged in IUU fishing. The bill would require NOAA to maintain 

a list of nations that have engaged in certain IUU fishing practices 

within the preceding three years, including activities that violate 

international agreements to which the United States is not a party. 

Under current law, NOAA is required to identify and list nations 

that engaged in IUU activities during the previous year that violate international agreements to which the United States is a 

party. Based on information provided by NOAA, CBO estimates 

that hiring additional staff to help NOAA expand the scope of the 

IUU identification program would cost about $3 million a year, assuming appropriation of the necessary amounts. 


rfrederick on DSK6VPTVN1PROD with HEARING
9 

Title II would authorize NOAA to assist foreign governments in 

improving international enforcement of fisheries laws. Based on information provided by the agency and assuming appropriation of 

the necessary amounts, CBO estimates that providing technical assistance to foreign nations would cost about $4 million a year over 

the 2014–2018 period. 

Title IV would amend the Tuna Conventions Act of 1950 to implement the Antigua Convention and would establish guidelines for 

the selection, composition, and duties of certain bodies that represent the United States on the Inter-American Tropical Tuna 

Commission. Because those bodies currently exist and members of 

those bodies are not compensated by the federal government, CBO 

estimates that implementing title IV would have no significant impact on the federal budget. 

Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. Enacting S. 

269 could increase revenues (from civil and criminal penalties) and 

associated direct spending; therefore, pay-as-you-go procedures 

apply. However, CBO estimates that any increase in revenues from 

penalties would be less than $500,000 a year and would be offset 

by similar increases in direct spending from the Crime Victims 

Fund (for criminal penalties) or by NOAA (for civil penalties). 

Intergovernmental and private-sector impact: CBO has not reviewed title IV of the bill for intergovernmental or private-sector 

mandates. Section 4 of UMRA excludes from the application of that 

act any legislative provisions that are necessary for the ratification 

or implementation of international treaty obligations. CBO has determined that the provisions of title IV fall within that exclusion 

because they would implement the Antigua Convention. 

The remaining provisions of the bill contain no intergovernmental or private-sector mandates as defined in UMRA and would 

impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 269 would strengthen and harmonize the enforcement provisions of a number of implementing statutes for international fisheries agreements to which the United States is a party, authorize 

actions regarding foreign vessels engaged in illegal, unregulated, 

and unreported (IUU) fishing, authorize actions regarding the importation of IUU fish and fish product into the United States, facilitate provision of international fisheries enforcement technical 

expertise, training, and other assistance to developing countries, 

and make technical and clarifying changes to international fishVerDate Mar 15 2010 05:39 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
10 

eries statutes. It would authorize the Secretary to promulgate regulations necessary to carry out the enforcement authorities under 

section 101 and each act to which that section would apply. Persons subject to enforcement proceedings under these provisions 

could be subject to new regulations. 

ECONOMIC IMPACT

Foreign IUU fish currently have an unfair competitive advantage 

over U.S.-caught fish, because foreign IUU fish are harvested as 

cheaply as possible, with no regard for sustainable fishing practices. Cheap, foreign IUU fish undercut the value of fish from U.S. 

fisheries, which are sustainably caught, putting U.S. commercial 

fishermen and the commercial fishing and seafood industries at an 

unfair competitive disadvantage and preventing them from realizing the full value of their fish and fish products. An improved 

fisheries enforcement regime that curtails foreign IUU fishing and 

entry of IUU fish into the United States would promote fair marketplace competition, increase the value of sustainably harvested 

U.S. fish and fish products (as well as seafood imports harvested 

under equivalent conservation and management measures), and 

may have an overall positive impact on the U.S. economy. 

PRIVACY

The reported bill would not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

S. 269 would not impose any new paperwork requirements on 

private citizens, businesses, or other entities that do not choose to 

participate in international fisheries activities; those who do participate in this industry may be subject to some changes in the paperwork requirements to meet emerging program needs. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title and Table of Contents 

This section would provide that this Act may be cited as the 

‘‘International Fisheries Stewardship and Enforcement Act,’’ and 

would set forth a table of contents for the Act. 

TITLE I. ADMINISTRATION AND ENFORCEMENT OF CERTAIN

FISHERY AND RELATED STATUTES

Section 101. Authority of the Secretary of Commerce to Enforce Statutes 

Subsection (a) of this section would provide that the Secretary 

and the Secretary of the department in which the Coast Guard is 

operating shall enforce the other Acts to which this section would 


rfrederick on DSK6VPTVN1PROD with HEARING
11 

apply. The Secretary would be permitted, by agreement, on a reimbursable basis or otherwise, to utilize personnel services, equipment, and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in 

carrying out this section. This section of the Act would apply to: the 

High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C 

1826d et seq.); the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 

3631 et seq); the Dolphin Protection Consumer Information Act (16 

U.S.C. 1385); the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 

seq.); the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 

5001 et seq.); the South Pacific Tuna Act of 1988 (16 U.S.C. 973 

et seq.); the Antarctic Marine Living Resources Convention Act of 

1984 (16 U.S.C. 2431 et seq.); the Atlantic Tunas Convention Act 

of 1975 (16 U.S.C. 971 et seq.); the Northwest Atlantic Fisheries 

Convention Act of 1995 (16 U.S.C. 5601 et seq.); the Western and 

Central Pacific Fisheries Convention Implementation Act (16 

U.S.C. 6901 et seq.); the Northern Pacific Halibut Act of 1982 (16 

U.S.C. 773 et seq.); the Antigua Convention Implementing Act of 

2013; and any other Act of the same subject, as designated by the 

Secretary after notice and an opportunity for a hearing. 

Subsection (b) would direct the Secretary to prevent any person 

from violating any Act to which this section applies in the same 

manner, by the same means, and with the same powers, jurisdiction, and duties, as though sections 308 through 311 of the MSA 

were incorporated into and made a part of each such Act. Except 

as provided in subsection (c), any person who violated any Act to 

which this section would apply would be subject to the penalties, 

and entitled to the privileges and immunities, provided in the MSA 

in the same manner and by the same means, as though sections 

308 through 311 of the MSA were incorporated into and made a 

part of each such Act. 

Subsection (c) of this section establishes uniform authorities regarding enforcement and information collection, maintenance, and 

use that would apply in the event of a conflict with a corresponding 

provision of the MSA. Under these authorities, officers authorized 

to enforce the provisions of any Act to which this section would 

apply would be empowered to: search or inspect any facility or conveyance used for the storage, processing, transport, or trade of fish 

or fish products; inspect records pertaining to the storage, processing, transport, or trade of fish or fish products; detain, for a period of up to 14 days, any shipment of fish or fish product imported 

into, landed on, introduced into, exported from, or transported 

within the jurisdiction of the United States, or, if perishable, sell 

and retain the proceeds therefrom for a period of up to 14 days; 

carry firearms and make an arrest for any offense under the laws 

of the United States committed in the officer’s presence, or for the 

commission of any felony under the laws of the United States if 

there are reasonable grounds; conduct searches and seizures in accordance with guidelines issued by the Attorney General of the 

United States; and execute and serve subpoenas, arrest warrants, 

search warrants issued in accordance with Rule 41 of the Federal 

Rules of Criminal Procedure, or any other warrant or process 

issued by an officer or court of competent jurisdiction. 

Subsection (c) also would require the Secretary and the head of 

each department and agency providing personnel for the task force 


rfrederick on DSK6VPTVN1PROD with HEARING
12 

under section 201 to share all applicable information, intelligence, 

and data, related to IUU fishing. The Secretary, through the task 

force, would coordinate the collection, storage, analysis, and dissemination of all applicable materials related to IUU fishing and 

would ensure the protection and confidentiality required by law for 

materials related to IUU fishing. The Secretary and the other task 

force participants would be required to develop data standardization for fisheries-related data for each member-agency of the task 

force and with international fisheries enforcement databases as appropriate. Upon request of the Secretary, elements of the intelligence community would collect information related to IUU fishing 

outside the United States about non-U.S. persons and share such 

information with the Secretary, through the task force, for law enforcement purposes. In addition, this subsection would give the 

Secretary the authority to share fisheries related data with other 

Federal or State government agencies, foreign governments, and 

international organizations, provided such entities have policies 

and procedures to safeguard the information from unintended or 

unauthorized disclosure, and the exchange of information is necessary for administrative or enforcement purposes. 

Subsection (d) would establish that the district courts of the 

United States have jurisdiction over any actions arising under this 

section. American Samoa would be included within the District of 

Hawaii. Any offenses not committed in any district would be subject to the venue provisions of section 3238 of title 18, United 

States Code. 

Subsection (e) would set forth a uniform set of prohibited acts in 

order to aid in the administration and enforcement of this section 

and each Act to which this section would apply. 

Subsection (f) would authorize the Secretary to promulgate such 

regulations, in accordance with the notice and comment requirements of section 553 of title 5, United States Code, as may be necessary to carry out this section or any Act to which this section 

would apply. 

Section 102. Conforming, Minor, and Technical Amendments 

This section would make conforming, minor, and technical 

amendments to provide for administration and enforcement of section 101 of this Act, and of the Acts to which section 101 would 

apply, to: the High Seas Driftnet Fishing Moratorium Protection 

Act; the Dolphin Protection Consumer Information Act; the North 

Pacific Anadromous Stocks Act of 1992; the Pacific Salmon Treaty 

Act of 1985; the South Pacific Tuna Act of 1988; the Antarctic Marine Living Resources Convention Act of 1984; the Atlantic Tunas 

Convention Act of 1975; the Northwest Atlantic Fisheries Convention Act of 1995; the Western and Central Pacific Fisheries Convention Implementation Act; and the Northern Pacific Halibut Act 

of 1982. 

Section 103. Illegal, Unreported, or Unregulated Fishing 

Subsection (a) of this section would amend the Moratorium Protection Act to: permit the Secretary to maintain and publish a list 

of vessels and vessel owners engaged in IUU fishing, and to take 

appropriate action against listed vessels and vessel owners; and reVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
13 

quire that any restrictions on port access imposed as a part of such 

an action apply to all U.S. ports. 

Subsection (a) also would amend the statutory guidelines for the 

definition of IUU fishing in the Moratorium Protection Act to include, to the extent possible: fishing activities conducted by foreign 

vessels in waters under the jurisdiction of a nation without permission of that nation; and fishing activities conducted by foreign vessels in contravention of a nation’s laws or regulations, including activity that has not been reported or has been misreported to a nation in contravention of its laws or regulations. The Committee 

notes that this language does not refer only to a nation’s conservation and management laws or regulations, but to a nation’s laws 

or regulations generally. 

Subsection (b) would make conforming amendments to the High 

Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a et seq.). 

Section 104. Liability 

This section would provide that any claims arising from the actions of any officer authorized to enforce the provisions of this Act 

or any Act to which this Act applies, taken pursuant to any scheme 

for at-sea boarding and inspection authorized under any international agreement to which the United States is a party, may be 

pursued under the tort claims procedures of chapter 171 of title 28, 

United States Code, or such other legal authority as may be pertinent. 

TITLE II. LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS

Section 201. International Fisheries Enforcement 

This section would authorize the establishment of an international fisheries enforcement task force, provide for its organization, and delineate the powers of authorized officers operating 

under its purview. 

Subsection (a) would require the Secretary, acting through the 

NMFS’s existing international enforcement program, to establish 

an international fisheries enforcement task force not later than 12 

months after the date of enactment of this Act. The authorized purposes of the task force would be to detect and investigate IUU fishing activity and trafficking in the resulting IUU fish or fish products, and to enforce the provisions of this Act and any Act to which 

section 101 of this Act would apply. The task force would include 

permanent representation from the NMFS’s international enforcement program, the Coast Guard, Customs and Border Protection, 

the Food and Drug Administration, and such other Federal agencies as the Secretary considers appropriate and necessary to carry 

out the purposes of the task force. 

Subsection (b) would provide the authorities necessary to: facilitate agency representation to the task force; make staff, equipment, 

and other resources available to support the task force; and, to the 

extent possible and consistent with applicable law, extend the relevant statutory authorities of each department or agency participating in the task force to the other departments and agencies participating in the task force. The Secretary and the head of each department or agency providing personnel for the task force would be 

authorized, at their discretion, to develop interagency plans and 


rfrederick on DSK6VPTVN1PROD with HEARING
14 

budgets and engage in interagency financing for purposes of this 

subsection. The Secretary would be required, not later than 180 

days after the task force is established, to develop a 5-year strategic plan for guiding interagency and intergovernmental fisheries 

enforcement efforts to carry out the provisions of this Act, and 

would be required to update the plan at least once every 5 years. 

Subsection (b) also would authorize the Secretary, in coordination with the head of each department and agency providing personnel for the task force, to: conduct joint operations in support of 

the authorized purposes of the task force; create and participate in 

committees or other working groups with other Federal, State, or 

local government entities, and with the governments of other nations, for such purposes; and enter into agreements with other Federal, State, or local government entities, as well as with foreign 

governments, on a reimbursable basis or otherwise, for such purposes. 

Subsection (c) would provide that an authorized officer, while operating under an agreement with the Secretary under section 101 

of this Act or conducting a joint operation for the authorized purposes of the task force, shall have the powers and authority provided in section 101. 

Section 202. International Cooperation and Assistance 

This section would provide the Secretary with authorities to improve international cooperation and assistance in fishery conservation and management. 

Subsection (a) would authorize the Secretary to provide international cooperation and assistance for international capacity 

building efforts. 

Subsection (b) would provide that, in carrying out this section, 

the Secretary may: (1) provide technical expertise to other nations 

to assist them in addressing IUU fishing activities; (2) provide 

technical expertise to other nations to assist them in reducing the 

loss and environmental impacts of derelict fishing gear, reducing 

the bycatch of living marine resources, and promoting international 

marine resource conservation; (3) provide technical expertise, and 

training, in cooperation with the task force established under section 201 of this Act, to other nations to aid them in building capacity for enhanced fisheries management, fisheries monitoring, catch 

and trade tracking activities, enforcement, and international marine resource conservation; (4) establish partnerships with other 

Federal agencies, as appropriate, to ensure that fisheries development assistance to other nations is directed toward efforts that promote sustainable fisheries; (5) conduct outreach and education efforts in order to promote public and private sector awareness of 

international fisheries sustainability issues, including the need to 

combat IUU fishing activity and to promote international marine 

resource conservation; (6) use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, 

services, equipment, personnel, and facilities of any department, 

agency, or instrumentality of the United States or other government entity or international organization, for purposes related to 

carrying out the responsibilities of any statute administered by the 

National Oceanic and Atmospheric Administration; and accept and 


rfrederick on DSK6VPTVN1PROD with HEARING
15 

expend funds from other Federal agencies or foreign governments 

to carry out the purposes of this section. 

Subsection (c) would authorize the Secretary to establish guidelines as necessary to implement this section. 

TITLE III. MISCELLANEOUS AMENDMENTS

Section 301. Atlantic Tunas Convention Act of 1975 

This section would amend section 6 of the Atlantic Tunas Convention Act of 1975, to provide the Secretary with authority for expedited implementation of recommendations by the International 

Commission for the Conservation of Atlantic Tunas concerning 

trade restrictive measures against a nation or fishing entity under 

the Convention for the Conservation of Atlantic Tunas. 

Section 302. Data Sharing 

This section would amend the Moratorium Protection Act and the 

MSA to authorize the Secretary to share information, as necessary 

and appropriate, with other government entities and international 

organizations. 

Section 303. Permits Under the High Seas Fishing Compliance Act 

of 1995 

This section would amend the High Seas Fishing Compliance Act 

of 1995 (16 U.S.C. 5501 et. seq.) to void a permit issued under that 

Act if: (1) one or more permits required for a vessel to fish, in addition to the permit issued under that Act, expire, are revoked, or are 

suspended; or (2) the vessel is no longer eligible for U.S. documentation, such documentation is revoked or denied, or the vessel 

is deleted from such documentation. 

Section 304. Committee on Scientific Cooperation for Pacific Salmon 

Agreement 

This section would amend the Pacific Salmon Treaty Act to allow 

members of the Committee on Scientific Cooperation who are not 

State or Federal employees to receive compensation when performing duties for the Commission. 

TITLE IV. IMPLEMENTATION OF THE ANTIGUA CONVENTION

Section 401. Short Title; references to the Tuna Convention Act of 

1950 

This section would provide that this title may be cited as the 

‘‘Antigua Convention Implementing Act of 2013,’’ and that, except 

as otherwise expressly provided, all references in this title to a section or other provision are to a section or other provision of the 

Tuna Conventions Act of 1950, as amended. 

Section 402. Definitions 

This section would amend section 2 to define the terms ‘‘Antigua 

Convention,’’ ‘‘Commission,’’ ‘‘Convention,’’ ‘‘import,’’ ‘‘person,’’ 

‘‘United States,’’ ‘‘United States Commissioners,’’ and ‘‘United 

States Section.’’ 


rfrederick on DSK6VPTVN1PROD with HEARING
16 

Section 403. Commissioners; Number, Appointment, and Qualifications 

This section would amend section 3 to provide that the United 

States shall be represented on the Inter-American Tropical Tuna 

Commission by 5 Commissioners, whom the President shall appoint to serve on the Commission at the pleasure of the President. 

It would require that, in making the appointments, the President 

select Commissioners from among individuals who are experts on 

highly migratory fish stocks in the eastern tropical Pacific Ocean, 

with one Commissioner from each of the Department of Commerce, 

the Western Pacific Fishery Management Council, and the Pacific 

Fishery Management Council. It would provide that not more than 

2 Commissioners may be appointed who reside in a State whose 

vessels do not maintain a substantial fishery in the area of the 

Convention. Section 3 as amended also would allow for an Alternate U.S. Commissioner to be appointed in the case of a Commissioner’s absence, and would specify certain details regarding Commissioners’ employment status, compensation, and travel expenses. 

Section 404. General Advisory Committee and Scientific Advisory 

Subcommittee 

This section would amend section 4 to provide for the appointment of a General Advisory Committee and a Scientific Advisory 

Subcommittee. It would authorize the Secretary, in consultation 

with the Secretary of State, to appoint the General Advisory Committee, and require that it consist of no more than 25 individuals 

representing various groups, including nongovernmental conservation organizations. Members of the Committee would be appointed 

for three year terms and be eligible for reappointment. The Committee would be invited to attend all non-executive meetings of the 

United States Section and would provide advice on Commission 

matters. Section 4 as amended would authorize the Secretary, in 

consultation with the Secretary of State, to appoint a Scientific Advisory Subcommittee of no less than 5 nor more than 15 qualified 

scientists, to advise the General Advisory Committee on fishery 

conservation and management matters. It would also provide certain authorities for both the Committee and the Subcommittee regarding their organization, public participation in meetings, information sharing with the Secretary and the Secretary of State, and 

administrative matters. 

Section 405. Rulemaking 

This section would amend section 6 to authorize the Secretary, 

in consultation with the Secretary of State and, with respect to enforcement measures the Secretary of the department in which the 

Coast Guard is operating, to promulgate regulations necessary to 

carry out United States obligations under the Convention and the 

Tuna Conventions Act of 1950 as amended. These regulations 

would be applicable to all vessels and persons subject to the jurisdiction of the United States, including United States flag vessels 

wherever they may be operating. 

Section 406. Prohibited Acts 

This section would amend section 8 to make it unlawful for any 

person (1) to violate any provision of this chapter or any regulation 


rfrederick on DSK6VPTVN1PROD with HEARING
17 

or permit issued under the Tuna Conventions Act of 1950, as 

amended by the Antigua Convention Implementing Act of 2013; (2) 

to use any fishing vessel to engage in fishing after the revocation 

or during the period of suspension of an applicable permit issued 

pursuant to the Act; (3) to refuse to permit any officer authorized 

to enforce the provisions of the Act to board a fishing vessel to conduct a search, investigation, or inspection in connection with the 

enforcement of the Act or any regulation, permit, or the Convention; (4) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any such authorized officer in 

the conduct of any search, investigations or inspection in connection with the enforcement of the Act or any regulation, permit, or 

the Convention; (5) to resist a lawful arrest for any act prohibited 

by the Act; (6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish 

taken or retained in violation of the Act or any regulation, permit, 

or agreement referred to in prohibited acts (1) or (2) above; (7) to 

interfere with, delay, or prevent, by any means, the apprehension 

or arrest of another person, knowing that such other person has 

committed any act prohibited by this section; (8) to knowingly and 

willfully submit to the Secretary false information regarding any 

matter that the Secretary is considering in the course of carrying 

out the Act; (9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, attempt to bribe, or interfere with any 

observer on a vessel under the Convention, or any data collector 

employed by the NMFS or under contract to any person to carry 

out responsibilities under the Act; (10) to engage in fishing in violation of any regulation adopted pursuant to section 6 of the Act; (11) 

to ship, transport, purchase, sell, offer for sale, import, export, or 

have in custody, possession, or control any fish taken or retained 

in violation of such regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are 

required by regulations adopted pursuant to the Act to be made, 

kept, or furnished; (13) to fail to stop a vessel upon being hailed 

and instructed to stop by a duly authorized official of the United 

States; or (14) to import any fish in any form in violation of any 

regulation adopted pursuant to section 6 of the Act. 

Section 407. Enforcement 

This section would amend section 10 to provide that the Tuna 

Conventions Act of 1950, as amended, shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act. 

Section 408. Reduction of Bycatch 

This section would make a technical correction to section 15. 

Section 409. Repeal of Eastern Pacific Tuna Licensing Act of 1984 

This section would repeal the Eastern Pacific Tuna Licensing Act 

of 1984. 

Section 410. Conforming Amendments to the Marine Mammal Protection Act of 1972 

This section would make conforming amendments to sections 

101, 108, and 307 of the Marine Mammal Protection Act of 1972 


rfrederick on DSK6VPTVN1PROD with HEARING
18 

necessary as a result of the amendments that would be made by 

this title to the Tuna Conventions Act of 1950. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION 

ACT 

[16 U.S.C. 1826d et seq.] 

SEC. 606. ENFORCEMENT. 

[16 U.S.C. 1826g] 

(a) DETECTING, MONITORING, AND PREVENTING VIOLATIONS.— 

The President shall utilize appropriate assets of the Department of 

Defense, the United States Coast Guard, and other Federal agencies to detect, monitor, and prevent violations of the United Nations moratorium on large-scale driftnet fishing on the high seas 

for all fisheries under the jurisdiction of the United States and, in 

the case of fisheries not under the jurisdiction of the United States, 

to the fullest extent permitted under international law. 

(b) ENFORCEMENT.—This Act shall be enforced under section 101 

of the International Fisheries Stewardship and Enforcement Act. 

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE. 

[16 U.S.C. 1826h] 

The Secretary, in consultation with the Secretary of State, shall 

provide to Congress, by not later than 2 years after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not later than June 1 

every 2 years thereafter, a report that includes— 

(1) the state of knowledge on the status of international living marine resources shared by the United States or subject to 

treaties or agreements to which the United States is a party, 

including a list of all such fish stocks classified as overfished, 

overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources; 

(2) a list of nations øwhose vessels¿ that have been identified 

under section 609(a) or 610(a), including the specific offending 

activities and any subsequent actions taken pursuant to section 609 or 610; 

(3) a description of efforts taken by nations on those lists to 

comply take appropriate corrective action consistent with sections 609 and 610, and an evaluation of the progress of those 

efforts, including steps taken by the United States to implement those sections and to improve international compliance; 

(4) progress at the international level, consistent with section 

608, to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated 

fishing; and 


rfrederick on DSK6VPTVN1PROD with HEARING
19 

(5) steps taken by the Secretary at the international level to 

adopt international measures comparable to those of the 

United States to reduce impacts of fishing and other practices 

on protected living marine resources, if no international agreement to achieve such goal exists, or if the relevant international fishery or conservation organization has failed to implement effective measures to end or reduce the adverse impacts of fishing practices on such species. 

SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. 

[16 U.S.C. 1826i] 

(a) IN GENERAL.— The Secretary, in consultation with the Secretary of State, and in cooperation with relevant fishery management councils and any relevant advisory committees, shall take actions to improve the effectiveness of international fishery management øorganizations¿ organizations, or arrangements made pursuant to an international fishery agreement (as defined in section 

3(24) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(24))), in conserving and managing fish 

stocks under their jurisdiction. These actions shall include— 

(1) urging international fishery management organizations to 

which the United States is a member— 

(A) to incorporate multilateral market-related measures 

against member or nonmember governments whose vessels 

engage in illegal, unreported, or unregulated fishing; 

(B) to seek adoption of lists that identify fishing vessels 

and vessel owners engaged in illegal, unreported, or unregulated fishing that can be shared among all members 

and other international fishery management organizations; 

(C) to seek international adoption of a centralized vessel 

monitoring system in order to monitor and document capacity in fleets of all nations involved in fishing in areas 

under an international fishery management organization’s 

jurisdiction; 

(D) to increase use of observers and technologies needed 

to monitor compliance with conservation and management 

measures established by the organization, including vessel 

monitoring systems and automatic identification systems; 

(E) to seek adoption of stronger port state controls in all 

nations, particularly those nations in whose ports vessels 

engaged in illegal, unreported, or unregulated fishing land 

or transship fish; and 

(F) to adopt shark conservation measures, including 

measures to prohibit removal of any of the fins of a shark 

(including the tail) and discarding the carcass of the shark 

at sea; 

(2) urging international fishery management organizations to 

which the United States is a member, as well as all members 

of those organizations, to adopt and expand the use of marketrelated measures to combat illegal, unreported, or unregulated 

fishing, including— 

(A) import prohibitions, landing restrictions, or other 

market-based measures needed to enforce compliance with 

international fishery management organization measures, 

such as quotas and catch limits; 


rfrederick on DSK6VPTVN1PROD with HEARING
20 

(B) import restrictions or other market-based measures 

to prevent the trade or importation of fish caught by vessels identified multilaterally as engaging in illegal, unreported, or unregulated fishing; and 

(C) catch documentation and certification schemes to improve tracking and identification of catch of vessels engaged in illegal, unreported, or unregulated fishing, including advance transmission of catch documents to ports of 

entry; 

(3) seeking to enter into international agreements that require measures for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including 

the tail) and discarding the carcass of the shark at sea, that 

are comparable to those of the United States, taking into account different conditions; øand¿ 

(4) urging other nations at bilateral, regional, and international levels, including the Convention on International 

Trade in Endangered Species of Fauna and Flora and the 

World Trade Organization to take all steps necessary, consistent with international law, to adopt measures and policies 

that will prevent fish or other living marine resources harvested by vessels engaged in illegal, unreported, or unregulated fishing from being traded or imported into their nation 

or øterritories.¿ territories; and 

(5) urging other nations, through the regional fishery management organizations of which the United States is a member, 

bilaterally and otherwise to seek and foster the sharing of accurate, relevant, and timely information— 

(A) to improve the scientific understanding of marine ecosystems; 

(B) to improve fisheries management decisions; 

(C) to promote the conservation of protected living marine 

resources; 

(D) to combat illegal, unreported, and unregulated fishing; and 

(E) to improve compliance with conservation and management measures in international waters. 

(b) INFORMATION SHARING.—In carrying out this section, the Secretary may disclose, as necessary and appropriate, information to 

the Food and Agriculture Organization formed at Quebec, Canada, 

on October 16, 1945, international fishery management organizations, or arrangements made pursuant to an international fishery 

agreement, if such organizations or arrangements have policies and 

procedures to safeguard such information from unintended or unauthorized disclosure. 

(c) VESSELS AND VESSEL OWNERS ENGAGED IN ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.—The Secretary may— 

(1) develop, maintain, and make public a list of vessels and 

vessel owners that are engaged, or have been engaged at any 

point during the preceding 2 years, in illegal, unreported, or 

unregulated fishing, including vessels or vessel owners identified by an international fishery management organization or 

arrangement made pursuant to an international fishery agreement, whether or not the United States is a party to such organization or arrangement; 


rfrederick on DSK6VPTVN1PROD with HEARING
21 

(2) take appropriate action against listed vessels and vessel 

owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United 

States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management and trade agreements; 

and 

(3) provide notification to the public of vessels and vessel 

owners identified by international fishery management organizations or arrangements made pursuant to an international 

fishery agreement as having been engaged in illegal, unreported, or unregulated fishing, as well as any measures adopted 

by such organizations or arrangements to address illegal, unreported, or unregulated fishing. 

(d) RESTRICTIONS ON PORT ACCESS OR USE.—Action taken by the 

Secretary under subsection (c)(2) that includes measures to restrict 

use of or access to ports or port services shall apply to all ports of 

the United States and its territories. 

(e) REGULATIONS.—The Secretary may promulgate regulations to 

implement subsections (c) and (d). 

SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING. 

[16 U.S.C. 1826j] 

ø(a) IDENTIFICATION.—The Secretary shall identify, and list in 

the report under section 607, a nation if fishing vessels of that nation are engaged, or have been engaged at any point during the 

preceding 2 years, in illegal, unreported, or unregulated fishing— 

ø(1) the relevant international fishery management organization has failed to implement effective measures to end the illegal, unreported, or unregulated fishing activity by vessels of 

that nation or the nation is not a party to, or does not maintain cooperating status with, such organization; or 

ø(2) where no international fishery management organization exists with a mandate to regulate the fishing activity in 

question.¿ 

(a) IDENTIFICATION.— (1) IN GENERAL.—The Secretary shall identify, and list in the 

report under section 607, a nation if that nation is engaged, or 

has been engaged at any time during the preceding 3 years, in 

illegal, unreported, or unregulated fishing and— 

(A) such fishing undermines the effectiveness of measures 

required under the relevant international fishery management organization; 

(B) the relevant international fishery management organization has failed to implement effective measures to end 

the illegal, unreported, or unregulated fishing activity by 

vessels of that nation, or the nation is not a party to, or 

does not maintain cooperating status with, such organization; or 

(C) there is no international fishery management organization with a mandate to regulate the fishing activity in 

question. 

(2) OTHER IDENTIFYING ACTIVITIES.—The Secretary shall also 

identify, and list in the report under section 607, a nation if— 

(A) it is violating, or has violated at any time during the 

preceding 3 years, conservation and management measures 


rfrederick on DSK6VPTVN1PROD with HEARING
22 

required under an international fishery management agreement to which the United States is a party and the violations undermine the effectiveness of such measures, taking 

into account the factors described in paragraph (1); or 

(B) it is failing, or has failed at any time during the preceding 3 years, to effectively address or regulate illegal, unreported, or unregulated fishing. 

(3) TREATMENT OF CERTAIN ENTITIES AS IF THEY WERE NATIONS.—Where the provisions of this Act apply to the act, or 

failure to act, of a nation, they shall also be applicable, as appropriate, to any other entity that is competent to enter into an 

international fishery management agreement. 

* * * * * * * 

(d) IUU CERTIFICATION PROCEDURE.— 

(1) CERTIFICATION.—The Secretary shall establish a procedure, consistent with the provisions of subchapter II of chapter 

5 of title 5, United States Code, for determining if a nation 

identified under subsection (a) and listed in the report under 

section 607 has taken appropriate corrective action with respect to the offending activities øof its fishing vessels¿ identified in the report under section 607. The certification procedure 

shall provide for notice and an opportunity for comment by any 

such nation. The Secretary shall determine, on the basis of the 

procedure, and certify to the Congress no later than 90 days 

after the date on which the Secretary promulgates a final rule 

containing the procedure, and biennially thereafter in the report under section 607— 

(A) whether the government of each nation identified 

under subsection (a) has provided documentary evidence 

that it has taken corrective action with respect to the offending activities øof its fishing vessels¿ identified in the 

report; or 

(B) whether the relevant international fishery management organization has implemented measures that are effective in ending the illegal, unreported, or unregulated 

fishing activity by vessels of that nation. 

(2) ALTERNATIVE PROCEDURE.—The Secretary may establish 

a øprocedure for certification,¿ procedure, on a shipment-byshipment, shipper-by-shipper, or other øbasis of fish¿ basis, for 

allowing importation of fish or fish products from a vessel of 

a øharvesting nation not certified under paragraph (1)¿ nation 

issued a negative certification under paragraph (1) if the Secretary determines that— 

(A) the vessel has not engaged in illegal, unreported, or 

unregulated fishing øunder an international fishery management agreement to which the United States is a party; 

or¿ ; and 

(B) the vessel is not identified by an international fishery management organization as participating in illegal, 

unreported, or unregulated fishing activities. 

(3) EFFECT OF CERTIFICATION.— 

(A) IN GENERAL.—The provisions of section 101(a) and 

section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a), 

(b)(3), and (b)(4))— 


rfrederick on DSK6VPTVN1PROD with HEARING
23 

(i) shall apply to any nation identified under subsection (a) øthat has not been certified by the Secretary under this subsection, or¿ for which the Secretary has issued a negative certification under this 

subsection; but 

(ii) shall not apply to any nation identified under 

subsection (a) for which the Secretary has issued a 

positive certification under this subsection. 

(B) EXCEPTIONS.—Subparagraph (A)(i) does not apply— 

(i) to the extent that such provisions would apply to 

sport fishing equipment or to fish or fish products not 

managed under the applicable international fishery 

agreement; or 

(ii) if there is no applicable international fishery 

agreement, to the extent that such provisions would 

apply to fish or fish products caught by vessels not engaged in illegal, unreported, or unregulated fishing. 

(e) ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED.— (1) IN GENERAL.—In this Act the term ‘‘illegal, unreported, or 

unregulated fishing’’ has the meaning established under paragraph (2). 

(2) SECRETARY TO DEFINE TERM WITHIN LEGISLATIVE GUIDE- LINES.—øWithin 3 months after the date of enactment of the 

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006¿ Not later than 180 days after the 

date of enactment of the International Fisheries Stewardship 

and Enforcement Act, the Secretary shall publish a definition 

of the term ‘‘illegal, unreported, or unregulated fishing’’ for 

purposes of this Act. 

(3) GUIDELINES.—The Secretary shall include in the definition, at a minimum— 

(A) fishing activities that violate conservation and management measures required under an international fishery 

management agreement to which the United States is a 

party, including catch limits or quotas, capacity restrictions, bycatch reduction requirements, and shark conservation measures; 

(B) overfishing of fish stocks shared by the United 

States, for which there are no applicable international conservation or management measures or in areas with no applicable international fishery management organization or 

agreement, that has adverse impacts on such stocks; 

øand¿ 

(C) fishing activity that has an adverse impact on 

seamounts, hydrothermal vents, and cold water corals located beyond national jurisdiction, for which there are no 

applicable conservation or management measures or in 

areas with no applicable international fishery management 

organization or øagreement.¿ agreement; and 

(D) to the extent possible— 

(i) fishing activities conducted by foreign vessels in 

waters under the jurisdiction of a nation without permission of that nation; and 

(ii) fishing activities conducted by foreign vessels in 

contravention of a nation’s laws (including regulaVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00025 Fmt 6659 Sfmt 6603 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
24 

tions), including fishing activity that has not been reported or that has been misreported to the relevant national authority of a nation in contravention of that 

nation’s laws (including regulations). 

* * * * * * * 

SEC. 610. EQUIVALENT CONSERVATION MEASURES. 

[16 U.S.C. 1826k] 

(a) IDENTIFICATION.—The Secretary shall identify, and list in the 

report under section 607— 

(1) a nation if— 

(A) fishing vessels of that nation are engaged, or have 

been engaged during the preceding øcalendar year¿ 3 

years in fishing activities or øpractices;¿ practices— 

(i) in waters beyond any national jurisdiction that 

result in bycatch of a protected living marine resource; 

or 

(ii) beyond the exclusive economic zone of the United 

States that result in bycatch of a protected living marine resource shared by the United States; 

(B) the relevant international organization for the conservation and protection of such resources or the relevant 

international or regional fishery organization has failed to 

implement effective measures to end or reduce such bycatch, or the nation is not a party to, or does not maintain 

cooperating status with, such organization; and 

(C) the nation has not adopted a regulatory program 

governing such fishing practices designed to end or reduce 

such bycatch that is comparable to that of the United 

States, taking into account different conditions; and 

(2) a nation if— 

(A) fishing vessels of that nation are engaged, or have 

been engaged during the preceding øcalendar year¿ 3 

years, in fishing activities or practices in waters beyond 

any national jurisdiction that target or incidentally catch 

sharks; and 

(B) the nation has not adopted a regulatory program to 

provide for the conservation of sharks, including measures 

to prohibit removal of any of the fins of a shark (including 

the tail) and discarding the carcass of the shark at sea, 

that is comparable to that of the United States, taking into 

account different conditions. 

* * * * * * * 

(c) CONSERVATION CERTIFICATION PROCEDURE.— 

(1) DETERMINATION.—The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 

5 of title 5, United States Code, for determining whether the 

government of a harvesting nation identified under subsection 

(a) and listed in the report under section 607— 

(A) has provided documentary evidence of the adoption 

of a regulatory program governing the conservation of the 

protected living marine resource that is comparable to that 

of the United States, taking into account different conditions, and which, in the case of pelagic longline fishing, inVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00026 Fmt 6659 Sfmt 6601 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
25 

cludes mandatory use of circle hooks, careful handling and 

release equipment, and training and observer programs; 

and 

(B) has established a management plan containing requirements that will assist in gathering species-specific 

data to support international stock assessments and conservation enforcement efforts for protected living marine 

resources. 

(2) PROCEDURAL REQUIREMENT.—The procedure established 

by the Secretary under paragraph (1) shall include notice and 

opportunity for comment by any such nation. 

(3) CERTIFICATION.—The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether 

each such nation has provided the documentary evidence described in paragraph (1)(A) and established a management 

plan described in paragraph (1)(B). 

(4) ALTERNATIVE PROCEDURE.—The Secretary shall establish 

a procedure for certification, on a shipment-by-shipment, shipper-by-shipper, or other basis of fish or fish products from a 

vessel of a harvesting nation not certified under paragraph (3) 

if the Secretary determines that such imports were harvested 

by practices that do not result in bycatch of a protected marine 

species, or were harvested by practices that— 

(A) are comparable to those of the United States, taking 

into account different conditions, and which, in the case of 

pelagic longline fishing, includes mandatory use of circle 

hooks, careful handling and release equipment, and training and observer programs; and 

(B) include the gathering of species specific data that 

can be used to support international and regional stock assessments and conservation efforts for protected living marine resources. 

(5) EFFECT OF CERTIFICATION.—The provisions of section 

101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 

1826a(a), (b)(3), and (b)(4)) (except to the extent that such provisions apply to sport fishing equipment øor fish or fish products not caught by the vessels engaged in illegal, unreported, 

or unregulated fishing¿) shall apply to any nation identified 

under subsection (a) øthat has not been certified by the Secretary under this subsection, or¿ for which the Secretary has 

issued a negative certification under this subsection, but shall 

not apply to any nation identified under subsection (a) for 

which the Secretary has issued a positive certification under 

this subsection. 

* * * * * * * 

DOLPHIN PROTECTION CONSUMER INFORMATION ACT 

[16 U.S.C. 1385] 

SEC. 901. DOLPHIN PROTECTION. 

* * * * * * * 

(d) LABELING STANDARD.— 

(1) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer, importer, exporter, 


rfrederick on DSK6VPTVN1PROD with HEARING
26 

distributor, or seller of any tuna product that is exported from 

or offered for sale in the United States to include on the label 

of that product the term ‘‘dolphin safe’’ or any other term or 

symbol that falsely claims or suggests that the tuna contained 

in the product were harvested using a method of fishing that 

is not harmful to dolphins if the product contains tuna harvested— 

(A) on the high seas by a vessel engaged in driftnet fishing; 

(B) outside the eastern tropical Pacific Ocean by a vessel 

using purse seine nets— 

(i) in a fishery in which the Secretary has determined that a regular and significant association occurs 

between dolphins and tuna (similar to the association 

between dolphins and tuna in the eastern tropical Pacific Ocean), unless such product is accompanied by a 

written statement, executed by the captain of the vessel and an observer participating in a national or 

international program acceptable to the Secretary, certifying that no purse seine net was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna were caught and no 

dolphins were killed or seriously injured in the sets in 

which the tuna were caught; or 

(ii) in any other fishery (other than a fishery described in subparagraph (D)) unless the product is accompanied by a written statement executed by the 

captain of the vessel certifying that no purse seine net 

was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna 

was harvested; 

(C) in the eastern tropical Pacific Ocean by a vessel 

using a purse seine net unless the tuna meet the requirements for being considered dolphin safe under paragraph 

(2); or 

(D) by a vessel in a fishery other than one described in 

subparagraph (A), (B), or (C) that is identified by the Secretary as having a regular and significant mortality or serious injury of dolphins, unless such product is accompanied by a written statement executed by the captain of 

the vessel and an observer participating in a national or 

international program acceptable to the Secretary that no 

dolphins were killed or seriously injured in the sets or 

other gear deployments in which the tuna were caught, 

provided that the Secretary determines that such an observer statement is necessary. 

(2) For purposes of paragraph (1)(C), a tuna product that 

contains tuna harvested in the eastern tropical Pacific Ocean 

by a vessel using purse seine nets is dolphin safe if— 

(A) the vessel is of a type and size that the Secretary 

has determined, consistent with the International Dolphin 

Conservation Program, is not capable of deploying its 

purse seine nets on or to encircle dolphins; or 


rfrederick on DSK6VPTVN1PROD with HEARING
27 

(B) (i) the product is accompanied by a written statement executed by the captain providing the certification 

required under subsection (h); 

(ii) the product is accompanied by a written statement executed by— 

(I) the Secretary or the Secretary’s designee; 

(II) a representative of the Inter-American Tropical Tuna Commission; or 

(III) an authorized representative of a participating nation whose national program meets the 

requirements of the International Dolphin Conservation Program, which states that there was 

an observer approved by the International Dolphin Conservation Program on board the vessel 

during the entire trip and that such observer provided the certification required under subsection 

(h); and 

(iii) the statements referred to in clauses (i) and (ii) 

are endorsed in writing by each exporter, importer, 

and processor of the product; and 

(C) the written statements and endorsements referred to 

in subparagraph (B) comply with regulations promulgated 

by the Secretary which provide for the verification of tuna 

products as dolphin safe. 

(3) (A) The Secretary of Commerce shall develop an official 

mark that may be used to label tuna products as dolphin safe 

in accordance with this Act. 

(B) A tuna product that bears the dolphin safe mark developed under subparagraph (A) shall not bear any other 

label or mark that refers to dolphins, porpoises, or marine 

mammals. 

(C) It is a violation of section 5 of the Federal Trade 

Commission Act (15 U.S.C. 45) to label a tuna product 

with any label or mark that refers to dolphins, porpoises, 

or marine mammals other than the mark developed under 

subparagraph (A) unless— 

(i) no dolphins were killed or seriously injured in the 

sets or other gear deployments in which the tuna were 

caught; 

(ii) the label is supported by a tracking and 

verification program which is comparable in effectiveness to the program established under subsection (f); 

and 

(iii) the label complies with all applicable labeling, 

marketing, and advertising laws and regulations of 

the Federal Trade Commission, including any guidelines for environmental labeling. 

(D) If the Secretary determines that the use of a label 

referred to in subparagraph (C) is substantially undermining the conservation goals of the International Dolphin 

Conservation Program, the Secretary shall report that determination to the United States Senate Committee on 

Commerce, Science, and Transportation and the United 

States House of Representatives Committees on Resources 


rfrederick on DSK6VPTVN1PROD with HEARING
28 

and on Commerce, along with recommendations to correct 

such problems. 

(E) It is a violation of section 5 of the Federal Trade 

Commission Act (15 U.S.C. 45) willingly and knowingly to 

use a label referred to in subparagraph (C) in a campaign 

or effort to mislead or deceive consumers about the level 

of protection afforded dolphins under the International 

Dolphin Conservation Program. 

(4) It is a violation of section 101 of the International Fisheries Stewardship and Enforcement Act for any person to assault, resist, oppose, impede, intimidate, or interfere with an 

authorized officer in the conduct of any search, investigation or 

inspection under this Act. 

ø(e) ENFORCEMENT.—Any person who knowingly and willfully 

makes a statement or endorsement described in subsection 

(d)(2)(B) that is false is liable for a civil penalty of not to exceed 

$100,000 assessed in an action brought in any appropriate district 

court of the United States on behalf of the Secretary.¿ 

(e) ENFORCEMENT.—This Act shall be enforced under section 101 

of the International Fisheries Stewardship and Enforcement Act. 

* * * * * * * 

NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992 

[16 U.S.C. 5001 et seq.] 

SEC. 810. UNLAWFUL ACTIVITIES. 

It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States— 

(1) to fish for any anadromous fish in the Convention area; 

(2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area; 

(3) to fail to return immediately to the sea any anadromous 

fish taken incidentally in a fishery directed at nonanadromous 

fish in the Convention area; 

(4) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention, 

this title, or any regulation issued under this title; 

(5) to refuse to permit any enforcement officer to board a 

fishing vessel subject to such person’s control for øpurchases¿ 

purposes of conducting any øsearch or inspection¿ search, investigation, or inspection in connection with the enforcement of 

the Convention, this title, or any regulation issued under this 

title; 

(6) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any enforcement officer in the conduct of any 

øsearch or inspection¿ search, investigation, or inspection described in paragraph (5); 

(7) to resist a lawful arrest or detection for any act prohibited by this section; 

(8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing 

that such person has committed any act prohibited by this section; or 


rfrederick on DSK6VPTVN1PROD with HEARING
29 

(9) to violate any provision of the Convention, this title, or 

any regulation issued under this title. 

SEC. 811. PENALTIES. 

ø(a) CIVIL PENALTIES.— ø(1) Any person who is found by the Secretary of Commerce, 

after notice and opportunity for a hearing in accordance with 

section 554 of title 5, United States Code, to have committed 

an act prohibited by section 810 shall be liable to the United 

States for a civil penalty. The amount of the civil penalty shall 

not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The 

amount of such civil penalty shall be assessed by the Secretary 

of Commerce, or the Secretary’s designee, by written notice. In 

determining the amount of such penalty, the Secretary of Commerce shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violation, the degree of culpability, any history of 

prior offenses, ability to pay, and such other matters as justice 

may require. 

ø(2) Any person against whom a civil penalty is assessed 

under paragraph (1) may obtain review thereof in the appropriate court of the United States by filing a complaint in such 

court within 30 days from the date of such order and by simultaneously serving a copy of such complaint by certified mail on 

the Secretary of Commerce, the Attorney General, and the appropriate United States Attorney. The Secretary of Commerce 

shall promptly file in such court a certified copy of the record 

upon which such violation was found or such penalty imposed, 

as provided in section 2112 of title 28, United States Code. The 

findings and order of the Secretary of Commerce shall be set 

aside by such court if they are not found to be supported by 

substantial evidence, as provided in section 706(2) of title 5, 

United States Code. 

ø(3) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or 

after the appropriate court has entered final judgment in favor 

of the Secretary of Commerce, the matter shall be referred to 

the Attorney General, who shall recover the amount assessed 

in any appropriate district court of the United States. In such 

action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. 

ø(4) a fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an 

act prohibited by section 810 shall be liable in rem for any civil 

penalty assessed for such violation under paragraph (1) and 

may be proceeded against in any district court of the United 

States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel that may be recovered 

in an action in rem in the district court of the United States 

having jurisdiction over the vessel. 

ø(5) The Secretary of Commerce may compromise, modify, or 

remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section. 

ø(6) For the purposes of conducting any hearing under this 

section, the Secretary of Commerce may issue subpoenas for 


rfrederick on DSK6VPTVN1PROD with HEARING
30 

the attendance and testimony of witnesses and the production 

of relevant papers, books, and documents, and may administer 

oaths. Witnesses summoned shall be paid the same fees and 

mileage that are paid to witnesses in the courts of the United 

States. In case of contempt or refusal to obey a subpoena 

served upon any person pursuant to this paragraph, the district court of the United States for any district in which such 

person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall 

have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary of Commerce or 

to appear and produce documents before the Secretary of Commerce, or both, and any failure to obey such order of the court 

may be punished by such court as a contempt thereof. 

ø(b) OFFENSES.— 

ø(1) A person is guilty of an offense if the person commits 

any act prohibited by section 810 (5), (6), (7), or (8). 

ø(2) Any offense described in paragraph (1) is a class A misdemeanor punishable by a fine under title 18, United States 

code, or imprisonment for not more than 6 months, or both; except that if in the commission of any offense the person uses 

a dangerous weapon, engages in conduct that causes bodily injury to any enforcement officer, or places and such officer in 

fear of imminent bodily injury, the offense is a felony punishable by a fine under title 18, United States Code, or imprisonment for not more than 10 years, or both. 

ø(c) FORFEITURE.— 

ø(1) Any fishing vessel (including its fishing gear, furniture, 

appurtenances, stores, and cargo) used, and any fish (or a fair 

market value thereof) taken or retained, in any manner, in 

connection with or as a result of the commission of any act prohibited by section 810 shall be subject to forfeiture to the 

United States. All or part of such vessel may, and all such fish 

shall, be forfeited to the United States pursuant to a civil proceeding under this section. 

ø(2) Any district court of the United States shall have jurisdiction, upon application of the Attorney General on behalf of 

the United States, to order any forfeiture authorized under 

paragraph (1) and any action provided for under paragraph (4). 

ø(3) if a judgment is entered for the United States in a civil 

forfeiture proceeding under this section, the Attorney General 

may seize any property or other interest declared forfeited to 

the United States, which has not previously been seized pursuant to this title or for which security has not previously been 

obtained. The provisions of the customs laws relating to— 

ø(A) the seizure, forfeiture, and condemnation of property for violation of the customs law; 

ø(B) the disposition of such property or the proceeds 

from the sale thereof; and 

ø(C) the remission or mitigation of any such forfeiture; 

shall apply to seizures and forfeitures incurred, or alleged 

to have been incurred, under the provisions of this title, 

unless such provisions are inconsistent with the purposes, 

policy, and provisions of this title. 


rfrederick on DSK6VPTVN1PROD with HEARING
31 

ø(4) (A) Any officer authorized to serve any process in rem 

that is issued by a court having jurisdiction under section 

809(b) shall— 

ø(i) stay the execution of such process; or 

ø(ii) discharge any fish seized pursuant to such process; upon receipt of a satisfactory bond or other security from any person claiming such property. Such 

bond or other security shall be conditioned upon such 

person delivering such property to the appropriate 

court upon order thereof, without any impairment of 

its value, or paying the monetary value of such property pursuant to an order of such court. Judgment 

shall be recoverable on such bond or other security 

against both the principal and any sureties in the 

event that any condition thereof is breached, as determined by such court. 

ø(B) Any fish seized pursuant to this title may be sold, 

subject to the approval and direction of the appropriate 

court, for not less than the fair market value thereof. The 

proceeds of any such sale shall be deposited with such 

court pending the disposition of the matter involved. 

ø(5) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel and 

which is seized in connection with an act prohibited by section 

810 were taken or retained in violation of the Convention and 

this title.¿ 

SEC. 811. ADMINISTRATION AND ENFORCEMENT. 

This Act shall be enforced under section 101 of the International 

Fisheries Stewardship and Enforcement Act. 

PACIFIC SALMON TREATY ACT OF 1985 

[16 U.S.C. 3631 et seq.] 

SEC. 8. PROHIBITED ACTS AND PENALTIES. 

[16 U.S.C. 3637] 

(a) UNLAWFUL ACTS.—It is unlawful for any person or vessel subject to the jurisdiction of the United States— 

(1) to violate any provision of this title, or of any regulation 

adopted hereunder, or of any Fraser River Panel regulation approved by the United States under the Treaty; 

(2) to refuse to permit any officer authorized to enforce the 

provisions of this title to board a fishing vessel subject to such 

person’s control for purposes of conducting any øsearch or inspection¿ search, investigation, or inspection in connection with 

the enforcement of this title; 

(3) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any such authorized officer in the conduct of any 

øsearch or inspection¿ search, investigation, or inspection described in subparagraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section; 

(5) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fish 

taken or retained in violation of this title; or 


rfrederick on DSK6VPTVN1PROD with HEARING
32 

(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such 

other person has committed any act prohibited by this section. 

ø(b) CIVIL PENALTY.—Any person who commits any act that is 

unlawful under subsection (a) of this section shall be liable to the 

United States for a civil penalty as provided by section 308 of the 

Magnuson Act (16 U.S.C. 1858). 

ø(c) CRIMINAL PENALTY.—Any person who commits an act that is 

unlawful under paragraph (2), (3), (4), or (6) of subsection (a) of 

this section shall be guilty of an offense punishable as provided by 

section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). 

ø(d) FORFEITURE.— 

ø(1) Any vessel (including its gear, furniture, appurtenances, 

stores, and cargo) used in the commission of an act which is 

prohibited under subsection (a) of this section, and any fish (or 

the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any 

act which is prohibited by subsection (a) of this section, shall 

be subject to forfeiture as provided by section 310 of the Magnuson Act (16 U.S.C. 1860). 

ø(2) Any fish seized pursuant to this title may be disposed 

of pursuant to the order of a court of competent jurisdiction or, 

if perishable, in a manner prescribed by regulation of the Secretary. 

ø(e) ENFORCEMENT AUTHORITY.—The Secretary and the Secretary of the Department in which the Coast Guard is operating 

shall enforce the provisions of this title and shall have the authority provided by subsections 311 (a), (b)(1), and (c) of the Magnuson 

Act (16 U.S.C. 1861 (a), (b)(1), and (c)). 

ø(f) JURISDICTION.—The district courts of the United States shall 

have exclusive jurisdiction over any case or controversy arising 

under this section and may, at any time— 

ø(1) enter restraining orders or prohibitions; 

ø(2) issue warrants, process in rem, or other process; 

ø(3) prescribe and accept satisfactory bonds or other security; 

and 

ø(4) take such other actions as are in the interest of justice.¿ 

(b) ADMINISTRATION AND ENFORCEMENT.—This Act shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 

SEC. 11. ADMINISTRATIVE MATTERS. 

[16 U.S.C. 3640] 

(a) COMPENSATION OF COMMISSIONERS AND ALTERNATE COMMISSIONERS.—Commissioners and Alternate Commissioners who are 

not State or Federal employees shall receive compensation at the 

daily rate of GS-18 of the General Schedule when engaged in the 

actual performance of duties for the United States Section or for 

the Commission. 

(b) COMPENSATION OF PANEL MEMBERS AND ALTERNATE PANEL

MEMBERS.—Panel Members and Alternate Panel Members who are 

not State or Federal employees shall receive compensation at the 

daily rate of GS-16 of the General Schedule when engaged in the 

actual performance of duties for the United States Section or for 

the Commission. 


rfrederick on DSK6VPTVN1PROD with HEARING
33 

(c) COMPENSATION OF COMMITTEE ON SCIENTIFIC COOPERATION

MEMBERS.—Members of the Committee on Scientific Cooperation 

who are not State or Federal employees shall receive compensation 

at a rate equivalent to the rate payable for level IV of the Executive 

Schedule under section 5315 of title 5, United States Code, when engaged in actual performance of duties for the Commission. 

ø(c)¿ (d) TRAVEL; OTHER EXPENSES.—Travel and other necessary 

expenses shall be paid for all United States Commissioners, Alternate Commissioners, Panel Members, Alternate Panel Members, 

members of the Joint Technical Committee, and members of the 

Advisory Committee when engaged in the actual performance of 

duties for the United States Section or for the Commission. 

ø(d)¿ (e) INDIVIDUALS NOT CONSIDERED FEDERAL EMPLOYEES.— Except for officials of the United States Government, such individuals shall not be considered to be Federal employees while engaged 

in the actual performance of duties for the United States Section 

or for the Commission, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, 

United States Code, and chapter ø71¿ 171 of title 28, United States 

Code. 

SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 3645] 

* * * * * * * 

(d) AUTHORIZATION OF APPROPRIATIONS— (1) PACIFIC SALMON TREATY.— (A) For capitalizing the Northern Fund there is authorized to be appropriated in fiscal years 2000, 2001, 2002, 

and 2003 a total of $75,000,000. 

(B) For capitalizing the Southern Fund there is authorized to be appropriated in fiscal years 2000, 2001, 2002, 

and 2003 a total of $65,000,000. 

(C) To provide economic adjustment assistance to fishermen pursuant to the 1999 Pacific Salmon Treaty Agreement, there is authorized to be appropriated in fiscal years 

2000, 2001, and 2002 a total of $30,000,000. 

(2) PACIFIC COASTAL SALMON RECOVERY.— (A) For salmon habitat restoration, salmon stock enhancement, sustainable salmon fisheries, and salmon research, including the construction of salmon research and 

related facilities, there is authorized to be appropriated for 

each of fiscal years 2000, 2001, 2002, øand¿ 2003, 2005, 

2006, 2007, 2008, and 2009, $90,000,000 to the States of 

Alaska, Washington, Oregon, Idaho, Nevada, and California. Amounts appropriated pursuant to this subparagraph shall be made available as direct payments. The 

State of Alaska may allocate a portion of any funds it receives under this subsection to eligible activities outside 

Alaska. 

(B) For salmon habitat restoration, salmon stock enhancement, salmon research, and supplementation activities, there is authorized to be appropriated in each of fiscal 

years 2000, 2001, 2002, and 2003, $10,000,000 to be diVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00035 Fmt 6659 Sfmt 6601 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
34 

vided between the Pacific Coastal tribes (as defined by the 

Secretary of Commerce) and the Columbia River tribes (as 

defined by the Secretary of Commerce). 

SOUTH PACIFIC TUNA ACT OF 1988 

[16 U.S.C. 973 et seq.] 

SEC. 5. PROHIBITED ACTS. 

[16 U.S.C. 973c] 

(a) Except as provided in section 6 of this Act, it is unlawful for 

any person subject to the jurisdiction of the United States— 

(1) to violate any provision of this Act or any regulation or 

order issued pursuant to this Act; 

(2) to use a vessel for fishing in violation of an applicable national law; 

(3) who has entered into a fishing arrangement under paragraph 3 of Article 3 of the Treaty, to violate the terms and conditions of such fishing arrangement if the Secretary of State 

has decided under section 18 of this Act that Article 4 and 

paragraph 6 of Article 5 of the Treaty shall apply to the arrangement; 

(4) to use a vessel for fishing in any Limited Area in violation of any requirement in Schedule 3 of Annex I of the Treaty; 

(5) to use a vessel for fishing in any Closed Area; 

(6) to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of 

this Act, or to fail to submit any required information, or to fail 

to report to the Secretary immediately any change in circumstances which has the effect of rendering any such information false, incomplete, or misleading; 

(7) to intentionally destroy evidence which could be used to 

determine if a violation of this Act or the Treaty has occurred; 

(8) to refuse to permit any Authorized Officer or Authorized 

Party Officer to board a fishing vessel for purposes of conducting øa search or inspection¿ any search, investigation, or 

inspection in connection with the enforcement of this Act or the 

Treaty; 

(9) to refuse to comply with the instructions of an Authorized 

Officer or Authorized Party Officer relating to fishing activities 

under the Treaty; 

(10) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with— 

(A) any Authorized Officer or Authorized Party Officer in 

the conduct of øa search or inspection¿ any search, investigation, or inspection in connection with the enforcement 

of this Act or the Treaty; or 

(B) an observer in the conduct of observer duties under 

the Treaty; 

(11) to resist a lawful arrest for any act prohibited by this 

section; 

(12) to interfere with, delay, or prevent, by any means, the 

apprehension or arrest of another person, knowing that such 

other person has committed any act prohibited by this section; 

or 


rfrederick on DSK6VPTVN1PROD with HEARING
35 

(13) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fish 

taken or retained in violation of this Act or any regulation, permit, or the Treaty, with the knowledge that the fish were so 

taken or retained. 

(b) Except as provided in section 6 of this Act, it is unlawful for 

any person subject to the jurisdiction of the United States when in 

the Licensing Area— 

(1) to use a vessel to fish unless validly licensed as required 

by the Administrator; 

(2) to use a vessel for directed fishing for southern bluefin 

tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental by-catch; 

(3) to use a vessel for fishing by any method other than the 

purse-seine method; 

(4) to use any vessel to engage in fishing after the revocation 

of its license, or during the period of suspension of an applicable license; 

(5) to operate a vessel in such a way as to disrupt or in any 

other way adversely affect the activities of traditional and locally based fishermen and fishing vessels; 

(6) to use a vessel to fish in a manner inconsistent with an 

order issued by the Secretary under section 11 of this Act; or 

(7) except for circumstances involving force majeure and 

other emergencies involving the health or safety of crew members or the safety of the vessel, to use an aircraft in association 

with the fishing activities of a vessel unless it is identified in 

the license application for the vessel, or any amendment thereto. 

øSEC. 7. CRIMINAL OFFENSES. 

[16 U.S.C. 973e] 

ø(a) PROHIBITED ACTS.—A person is guilty of a criminal offense 

if he or she commits any act prohibited by section 5(a)(8), (10), (11), 

or (12) of this Act. 

ø(b) SENTENCE AND FINE.—Any offense described in subsection 

(a) of this section is punishable by a fine of not more than $50,000, 

or imprisonment for not more than 6 months, or both; except that 

if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any 

Authorized Officer, Authorized Party Officer, or observer under the 

Treaty in the conduct of their duties, or places any such Authorized 

Officer, Authorized Party Officer, or observer in fear of imminent 

bodily injury, the offense is punishable by a fine of not more than 

$100,000 or imprisonment for not more than 10 years, or both. 

ø(c) JURISDICTION.—The district courts of the United States shall 

have jurisdiction over any offense described in this section.¿ 

øSEC. 8. CIVIL PENALTIES. 

[16 U.S.C. 973f] 

ø(a) DETERMINATION OF LIABILITY; AMOUNT; PARTICIPATION BY

SECRETARY OF STATE IN ASSESSMENT PROCEEDING.—Any person 

who is found by the Secretary, after notice and an opportunity for 

a hearing in accordance with section 554 of title 5, United States 

Code, to have committed an act prohibited by section 5 of this Act, 

shall be liable to the United States for a civil penalty. Before 


rfrederick on DSK6VPTVN1PROD with HEARING
36 

issuing a notice of violation, the Secretary shall consult with the 

Secretary of State. The amount of the civil penalty shall be determined in accordance with considerations set forth in the Treaty 

and shall take into account the nature, circumstances, extent, and 

gravity of the prohibited acts committed, and with respect to the 

violator, the degree of culpability, any history of prior offenses, 

ability to pay, and such other matters as justice may require. Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), 

(11), and (12), and section 5(b)(1), (2), (3), and (7) of this Act, the 

amount of the civil penalty shall not exceed $250,000 for each violation. Upon written notice, the Secretary of State shall have the 

right to participate in any proceeding initiated to assess a civil penalty for violation of this Act. 

ø(b) JUDICIAL REVIEW OF ASSESSMENT; PROCEDURES APPLICA- BLE.—Any person against whom a civil penalty is assessed under 

subsection (a) of this section may obtain review thereof in the 

United States district court for the appropriate district by filing a 

complaint in such court within 30 days from the date of the order 

and by simultaneously serving a copy of the complaint by certified 

mail on the Secretary, the Attorney General of the United States, 

and the appropriate United States Attorney. The Secretary shall 

promptly file in the court a certified copy of the record upon which 

the violation was found or the penalty imposed. The findings and 

order of the Secretary shall be set aside or modified by the court 

if they are not found to be supported by substantial evidence, as 

provided in section 706(2) of title 5, United States Code. 

ø(c) FAILURE TO PAY ASSESSMENT OF CIVIL PENALTY; RECOVERY

BY ATTORNEY GENERAL.—Except as provided in subsection (g) of 

this section, if any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the 

appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General 

of the United States, who shall recover the amount assessed in any 

appropriate district court of the United States. 

ø(d) IN REM LIABILITY FOR CIVIL PENALTY; JURISDICTION; MARI- TIME LIEN ON VESSEL.—Except as provided in subsection (g) of this 

section, a fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act 

prohibited by section 5 of this Act shall be liable in rem for any 

civil penalty assessed for the violation under section 8 of this Act 

and may be proceeded against in any district court of the United 

States having jurisdiction thereof. The penalty shall constitute a 

maritime lien on the vessel which may be recovered in an action 

in rem in the district court of the United States having jurisdiction 

over the vessel. 

ø(e) COMPROMISE, ETC., OF CIVIL PENALTY.—The Secretary, after 

consultation with the Secretary of State, may compromise, modify, 

or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. 

ø(f) CONDUCT OF HEARINGS.—For the purposes of conducting any 

hearing under this section, the Secretary may issue subpoenas for 

the attendance and testimony of witnesses and the production of 

relevant papers, books, and documents, and may administer oaths. 

Witnesses summoned shall be paid the same fees and mileage that 

are paid to witnesses in the courts of the United States. In case 


rfrederick on DSK6VPTVN1PROD with HEARING
37 

of contempt or refusal to obey a subpoena served upon a person 

pursuant to this subsection, the district court of the United States 

for any district in which the person is found, resides, or transacts 

business, upon application by the United States and after notice to 

the person, shall have jurisdiction to issue an order requiring the 

person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any 

failure to obey the order of the court may be punished by the court 

as a contempt thereof. 

ø(g) WAIVER OF REFERRAL TO ATTORNEY GENERAL.—If a vessel 

used in a violation of section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), 

(9), or (13) or section 5(b) of this Act for which a civil penalty has 

been assessed— 

ø(1) had a valid license under the Treaty at the time of the 

violation, and 

ø(2) within 60 days after the penalty assessment has become 

final, leaves and remains outside of the Licensing Area, all 

Limited Areas closed to fishing, and all Closed Areas until the 

final penalty has been paid, 

there shall be no referral to the Attorney General under subsection 

(c) of this section or in rem action under subsection (d) of this section in connection with such civil penalty.¿ 

SEC. 7. ADMINISTRATION AND ENFORCEMENT. 

This Act shall be enforced under section 101 of the International 

Fisheries Stewardship and Enforcement Act. 

ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT 

OF 1984 

[16 U.S.C. 2431 et seq.] 

SEC. 306. UNLAWFUL ACTIVITIES. 

[16 U.S.C. 2435] 

It is unlawful for any person— 

(1) to engage in harvesting or other associated activities in 

violation of the provisions of the Convention or in violation of 

a conservation measure in force with respect to the United 

States pursuant to article IX of the Convention; 

(2) to violate any regulation promulgated under this title; 

(3) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control or possession of, any Antarctic 

marine living resource (or part or product thereof) øwhich he 

knows, or reasonably should have known, was¿ harvested in 

violation of a conservation measure in force with respect to the 

United States pursuant to article IX of the Convention or in 

violation of any regulation promulgated under this title, without regard to the citizenship of the person that harvested, or 

vessel that was used in the harvesting of, the Antarctic marine 

living resource (or part or product thereof); 

(4) to refuse to permit any authorized officer or employee of 

the United States to board a vessel of the United States or a 

vessel subject to the jurisdiction of the United States for purposes of conducting any øsearch or inspection¿ search, investigation, or inspection in connection with the enforcement of 

the Convention, this title, or any regulations promulgated 

under this title; 


rfrederick on DSK6VPTVN1PROD with HEARING
38 

(5) to assault, resist, oppose, impede, intimidate, or interfere 

with any authorized officer or employee of the United States 

in the conduct of any øsearch or inspection¿ search, investigation, or inspection described in paragraph (4); 

(6) to resist a lawful arrest or detention for any act prohibited by this section; or 

(7) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detention of another person, knowing 

that such other person has committed any act prohibited by 

this section. 

SEC. 307. REGULATIONS. 

[16 U.S.C. 2436] 

The Secretary of Commerce, after consultation with the Secretary of State, the Secretary of the department in which the Coast 

Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are necessary and appropriate to implement the provisions of this title. Notwithstanding the provisions of subsections (b) 

and (c) of section 553 of title 5, United States Code, the Secretary 

of Commerce may publish in the Federal Register a final rule to implement conservation measures that are in effect for 12 months or 

less, adopted by the Commission, and not objected to by the United 

States within the time period allotted under Article IX of the Convention. 

øSEC. 308. CIVIL PENALTIES. 

[16 U.S.C. 2437] 

ø(a) ASSESSMENT OF PENALTIES.— ø(1) Any person who is found by the Secretary of Commerce, 

after notice and opportunity for a hearing in accordance with 

subsection (b), to have committed any act prohibited by section 

306 shall be liable to the United States for a civil penalty. The 

amount of the civil penalty shall not exceed $5,000 for each 

violation unless the prohibited act was knowingly committed, 

in which case the amount of the civil penalty shall not exceed 

$10,000 for each violation. Each day of a continuing violation 

shall constitute a separate violation for purposes of this subsection. The amount of any civil penalty shall be assessed by 

the Secretary of Commerce by written notice. In determining 

the amount of such penalty, the Secretary of Commerce shall 

take into account the nature, circumstances, extent, and gravity of the prohibited acts committed, and, with respect to the 

person committing the violation, the degree of culpability, any 

history of prior offenses, ability to pay, and such other matters 

as justice may require, to the extent that such information is 

reasonably available to the Secretary. 

ø(2) The Secretary of Commerce may compromise, modify, or 

remit, with or without conditions, any civil penalty which is 

subject to imposition or which has been imposed under this 

section, until such time as the matter is referred to the Attorney General under subsection (c) of this section. 

ø(b) HEARINGS.—Hearings for the assessment of civil penalties 

under subsection (a) shall be conducted in accordance with section 

554 of title 5, United States Code. For the purposes of conducting 

any such hearing, the Secretary of Commerce may issue subpoenas 


rfrederick on DSK6VPTVN1PROD with HEARING
39 

for the attendance and testimony of witnesses and the production 

of relevant papers, books, and documents, and may administer 

oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. 

In case of contumacy or refusal to obey a subpoena served upon 

any person pursuant to this subsection, the district court of the 

United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General of the United States and after notice to such person, shall 

have jurisdiction to issue an order requiring such person to appear 

and give testimony before the Secretary of Commerce or to appear 

and produce documents before the Secretary of Commerce, or both, 

and any failure to obey such order of the court may be punished 

by such court as a contempt thereof. 

ø(c) REVIEW OF CIVIL PENALTY.—Any person against whom a 

civil penalty is assessed under subsection (a) of this section may 

obtain review thereof in the appropriate district court of the United 

States by filing a notice of appeal in such court within 30 days 

from the date of such order and by simultaneously sending a copy 

of such notice by certified mail to the Secretary of Commerce, the 

Attorney General, and the appropriate United States Attorney. The 

Secretary of Commerce shall promptly refer the matter to the Attorney General of the United States, who shall file in such court 

a certified copy of the record upon which the violation was found 

or such penalty imposed, as provided in section 2112 of title 28, 

United States Code. The court shall set aside the findings and 

order of the Secretary if the findings and order are found to be unsupported by substantial evidence, as provided in section 706(2)(E) 

of title 5, United States Code. 

ø(d) RECOVERY OF CIVIL PENALTIES.—The Attorney General of 

the United States may seek to recover in any appropriate district 

court of the United States (1) any civil penalty imposed under this 

section that has become a final and unappealable order and has 

been referred to the Attorney General by the Secretary of Commerce or (2) any final judgment rendered under this section in 

favor of the United States by an appropriate Court. 

ø(e) PENALTIES UNDER OTHER LAWS.—The assessment of a civil 

penalty under subsection (a) for any act shall not be deemed to preclude the assessment of a civil penalty for such act under any other 

law.¿ 

øSEC. 309. CRIMINAL OFFENSES. 

[16 U.S.C. 2438] 

ø(a) OFFENSES.—A person is guilty of an offense if that person 

commits any act prohibited by paragraph (4), (5), (6), or (7) of section 306. 

ø(b) PUNISHMENT.—Any offense described in subsection (a) is 

punishable by a fine of $50,000, or imprisonment for not more than 

ten years, or both. 

ø(c) OFFENSES UNDER OTHER LAWS.—A conviction under subsection (a) for any act shall not be deemed to preclude a conviction 

for such act under any other law.¿ 


rfrederick on DSK6VPTVN1PROD with HEARING
40 

SEC. 310. ENFORCEMENT. 

[16 U.S.C. 2439] 

(a) RESPONSIBILITY.—The provisions of this title shall be enforced 

by the Secretary of Commerce and the Secretary of the department 

in which the Coast Guard is operating. Such Secretaries may utilize by agreement, on a reimbursable basis or otherwise, the personnel, services, and facilities of any other department or agency 

of the United States in the performance of such duties. 

ø(b) POWERS OF AUTHORIZED OFFICERS AND EMPLOYEES.—Any officer or employee of the United States who is authorized (by the 

Secretary of Commerce, the Secretary of the department in which 

the Coast Guard is operating, or the head of any department or 

agency of the United States which has entered into an agreement 

with either Secretary under subsection (a)) to enforce the provisions of this title and of any regulation promulgated under this 

title may, in enforcing such provisions— 

ø(1) secure, execute, and serve any order, warrant, subpoena, 

or other process, which is issued under the authority of the 

United States; 

ø(2) search without warrant any person, place, vehicle or aircraft subject to the jurisdiction of the United States where 

there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 

306, 

ø(3) with or without a warrant board and search or inspect 

any vessel of the United States or vessel subject to the jurisdiction of the United States; 

ø(4) seize without warrant— 

ø(A) any evidentiary item where there are reasonable 

grounds to believe that a person has committed or is attempting to commit an act prohibited by section 306, 

ø(B) any Antarctic marine living resources (or part of 

product thereof) with respect to which such an act is committed, 

ø(C) any vessel of the United States (including its gear, 

furniture, appurtenances, stores, and cargo), any vessel 

subject to the jurisdiction of the United States (including 

its gear, furniture, appurtenances, stores, and cargo), and 

any vehicle, aircraft, or other means of transportation subject to the jurisdiction of the United States used in connection with such an act, and 

ø(D) any guns, traps, nets, or equipment used in connection with such an act; 

ø(5) offer and pay rewards for services or information which 

may lead to the apprehension of persons violating such provisions; 

ø(6) make inquiries, and administer to, or take from, any 

person an oath, affirmation, or affidavit, concerning any matter 

which is related to the enforcement of such provisions; 

ø(7) in coordination with the Secretary of the Treasury, detain for inspection and inspect any package, crate, or other 

container, including its contents, and all accompanying documents, upon importation into, or exportation from, the United 

States; 


rfrederick on DSK6VPTVN1PROD with HEARING
41 

ø(8) make an arrest with or without a warrant with respect 

to any act prohibited by paragraph (4), (5), (6), or (7) of section 

306 if such officer or employee has reasonable grounds to believe that the person to be arrested is committing such act in 

his or her presence or view or has committed such act; 

ø(9) exercise enforcement powers conferred on such officer or 

employee under a system of observation and inspection, or interim arrangements pending the establishment of such a system, which the Secretary of State has agreed to on behalf of 

the United States pursuant to section 305(b); and 

ø(10) exercise any other authority which such officer or employee is permitted by law to exercise. 

ø(c) SEIZURE.—Subject to the succeeding provisions of this subsection, any property or item seized pursuant to subsection (b) 

shall be held by any officer or employee of the United States, who 

is authorized by the Secretary of Commerce or the Secretary of the 

department in which the Coast Guard is operating, pending the 

disposition of civil or criminal proceedings concerning the violation 

relating to the property or item, or the institution of an action in 

rem for the forfeiture of such property or item. Such authorized officer or employee may, upon the order of a court of competent jurisdiction, either release such seized property or item to the wild or 

destroy such property or item, when the cost of maintenance of the 

property or item pending the disposition of the case is greater than 

the legitimate market value of the property or item. Such authorized officer or employee and all officers or employees acting by or 

under his or her direction shall be indemnified from any penalties 

or actions for damages for so releasing or destroying such property 

or item. Such authorized officer or employee may, in lieu of holding 

such property or item, permit the owner or consignee thereof to 

post a bond or other satisfactory surety. 

ø(d) FORFEITURE.— 

ø(1) Any Antarctic marine living resource (or part of product 

thereof) with respect to which an act prohibited by section 306 

is committed, any vessel of the United States (including its 

gear, furniture, appurtenances, stoves, and cargo), vessel subject to the jurisdiction of the United States (including its gear, 

furniture, appurtenances, stoves, and cargo), or vessel, vehicle, 

or aircraft or other means of transportation subject to the jurisdiction of the United States, which is used in connection 

with an act prohibited by section 306, and all guns, traps, nets, 

and other equipment used in connection with such act, shall be 

subject to forfeiture to the United States. 

ø(2) Upon the forfeiture to the United States of any property 

or item described in paragraph (1), or upon the abandonment 

or waiver of any claim to any such property or item, it shall 

be disposed of by the Secretary of Commerce, or the Secretary 

of the department in which the Coast Guard is operating, as 

the case may be, in such a manner, consistent with the purposes of this title, as may be prescribed by regulation. 

(b) ADMINISTRATION AND ENFORCEMENT.—This title shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 

ø(e)¿ (c) APPLICATION OF CUSTOMS LAWS.—All provisions of law 

relating to the seizure, forfeiture, and condemnation of property 


rfrederick on DSK6VPTVN1PROD with HEARING
42 

(including vessels) for violation of the customs laws, the disposition 

of such property or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures 

and forfeitures incurred, or alleged to have been incurred, and the 

compromise of claims, under the provisions of this title, insofar as 

such provisions of law are applicable and not inconsistent with the 

provisions of this title; except that all powers, rights, and duties 

conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purposes of this title, 

also be exercised or performed by the Secretary of Commerce or the 

Secretary of the department in which the Coast Guard is operating, 

or by such officers or employees of the United States as each Secretary may designate. 

ATLANTIC TUNAS CONVENTION ACT OF 1975 

[16 U.S.C. 971 et seq.] 

SEC. 6. ADMINISTRATION. 

[16 U.S.C. 971d] 

* * * * * * * 

(c) REGULATIONS AND OTHER MEASURES TO CARRY OUT COMMIS- SION RECOMMENDATIONS. (1) (A) Upon favorable action by the Secretary of State under 

section 5(a) of this Act on any recommendation of the Commission made pursuant to article VIII of the Convention, the Secretary shall promulgate, pursuant to this subsection, such regulations as may be necessary and appropriate to carry out such 

recommendation. 

(B) Not later than June 30, 1991, the Secretary shall 

promulgate any additional regulations necessary to ensure 

that the United States is in full compliance with all recommendations made by the Commission that have been 

accepted by the United States and with other agreements 

under the Convention between the United States and any 

nation which is a party to the Convention. 

(C) Regulations promulgated under this paragraph shall, 

to the extent practicable, be consistent with fishery management plans prepared and implemented under the Magnuson-Stevens Fishery Conservation and Management Act 

(16 U.S.C. 1801 et seq.). 

(2)(A) To promulgate regulations referred to in paragraph (1) 

of this subsection, the Secretary shall publish in the Federal 

Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the 

rulemaking through ø(A)¿ (i) submission of written data, 

views, or arguments, and ø(B)¿ (ii) oral presentation at a public hearing. Such regulations shall be published in the Federal 

Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations, and by 

a statement, based on inquiries and investigations, assessing 

the nature and effectiveness of the measures for the implementation of the Commission’s recommendations which are being 

or will be carried out by countries whose vessels engage in 

fishing the species subject to such recommendations within the 

waters to which the Convention applies. After publication in 


rfrederick on DSK6VPTVN1PROD with HEARING
43 

the Federal Register, such regulations shall be applicable to all 

vessels and persons subject to the jurisdiction of the United 

States on such date as the Secretary shall prescribe. The Secretary shall suspend at any time the application of any such 

regulation when, after consultation with the Secretary of State 

and the United States Commissioners, he determines that fishing operations in the Convention area of a contracting party for 

whom the regulations are effective are such as to constitute a 

serious threat to the achievement of the Commission’s recommendations. 

(B) The Secretary may issue final regulations to implement Commission recommendations referred to in paragraph (1) of this subsection concerning trade restrictive 

measures against nations or fishing entities without regard 

to the requirements of subparagraph (A) of this paragraph 

and subsections (b) and (c) of section 553 of title 5, United 

States Code. 

(3) The regulations required to be promulgated under paragraph (1) of this subsection may— 

(A) select for regulation one or more of the species covered by the Convention; 

(B) divide the Convention waters into areas; 

(C) establish one or more open or closed seasons as to 

each such area; 

(D) limit the size of the fish and quantity of the catch 

which may be taken from each area within any season 

during which fishing is allowed; 

(E) limit or prohibit the incidental catch of a regulated 

species which may be retained, taken, possessed, or landed 

by vessels or persons fishing for other species of fish; 

(F) require records of operations to be kept by any master or other person in charge of any fishing vessel; 

(G) require such clearance certificates for vessels as may 

be necessary to carry out the purposes of the Convention 

and this Act; 

(H) require proof satisfactory to the Secretary that any 

fish subject to regulation pursuant to a recommendation of 

the Commission offered for entry into the United States 

has not been taken or retained contrary to the recommendations of the Commission made pursuant to article 

VIII of the Convention which have been adopted as regulations pursuant to this section; 

(I) require any commercial or recreational fisherman to 

obtain a permit from the Secretary and report the quantity 

of the catch of a regulated species; 

(J) require that observers be carried aboard fishing vessels for the purpose of providing statistically reliable scientific data; and 

(K) impose such other requirements and provide for such 

other measures as the Secretary may determine necessary 

to implement any recommendation of the Convention or to 

obtain scientific data necessary to accomplish the purpose 

of the Convention; except that no regulation promulgated 

under this section may have the effect of increasing or decreasing any allocation or quota of fish or fishing mortality 


rfrederick on DSK6VPTVN1PROD with HEARING
44 

level to the United States agreed to pursuant to a recommendation of the Commission. 

(4) Upon the promulgation of regulations provided for in 

paragraph (3) of this subsection, the Secretary shall promulgate, with the concurrence of the Secretary of State and pursuant to the procedures prescribed in paragraph (2) of this subsection, additional regulations which shall become effective simultaneously with the application of the regulations provided 

for in paragraph (3) of this subsection, which prohibit— 

(A) the entry into the United States of fish in any form 

of those species which are subject to regulation pursuant 

to a recommendation of the Commission and which were 

taken from the Convention area in such manner or in such 

circumstances as would tend to diminish the effectiveness 

of the conservation recommendations of the Commission; 

and 

(B) the entry into the United States, from any country 

when the vessels of such country are being used in the 

conduct of fishing operations in the Convention area in 

such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the Commission and which were taken 

from the Convention area. 

(5) In the case of repeated and flagrant fishing operations in 

the Convention area by the vessels of any country which seriously threaten the achievement of the objectives of the Commission’s recommendations, the Secretary with the concurrence 

of the Secretary of State, may by regulations promulgated pursuant to paragraph (2) of this subsection prohibit the entry in 

any form from such country of other species covered by the 

Convention as may be under investigation by the Commission 

and which were taken in the Convention area. Any such prohibition shall continue until the Secretary is satisfied that the 

condition warranting the prohibition no longer exists, except 

that all fish in any form of the species under regulation which 

were previously prohibited from entry shall continue to be prohibited from entry. 

(6) IDENTIFICATION AND NOTIFICATION.— 

(A) Not later than July 1, 1996, and annually thereafter, 

the Secretary, in consultation with the Secretary of State, 

the Commissioners, and the advisory committee, shall— 

(i) identify those nations whose fishing vessels are 

fishing, or have fished during the preceding calendar 

year, within the convention area in a manner or under 

circumstances that diminish the effectiveness of a conservation recommendation; 

(ii) notify the President and the nation so identified, 

including an explanation of the reasons therefor; and 

(iii) publish a list of those Nations identified under 

clause (i). 

(B) In identifying those Nations, the Secretary shall consider, based on the best available information, whether 

those Nations have measures in place for reporting, moniVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00046 Fmt 6659 Sfmt 6601 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
45 

toring, and enforcement, and whether those measures diminish the effectiveness of any conservation recommendation. 

(7) CONSULTATION.—Not later than 30 days after a Nation is 

notified under paragraph (6), the President may enter into consultations with the Government of that Nation for the purpose 

of obtaining an agreement that will— 

(A) effect the immediate termination and prevent the resumption of any fishing operation by vessels of that Nation 

within the Convention area which is conducted in a manner or under circumstances that diminish the effectiveness 

of the conservation recommendation; 

(B) when practicable, require actions by that Nation, or 

vessels of that Nation, to mitigate the negative impacts of 

fishing operations on the effectiveness of the conservation 

recommendation involved, including but not limited to, the 

imposition of subsequent-year deductions for quota overages; and 

(C) result in the establishment, if necessary, by such Nation of reporting, monitoring, and enforcement measures 

that are adequate to ensure the effectiveness of conservation recommendations. 

* * * * * * * 

SEC. 7. VIOLATIONS; FINES AND FORFEITURES; RELATED LAWS. 

[16 U.S.C. 971e] 

(a) IN GENERAL.—It shall be unlawful— 

(1) for any person in charge of a fishing vessel or any fishing 

vessel subject to the jurisdiction of the United States to engage 

in fishing in violation of any regulation adopted pursuant to 

section 6 of this Act; or 

(2) for any person subject to the jurisdiction of the United 

States to ship, transport, purchase, sell, offer for sale, import, 

export, or have in custody, possession, or control any fish 

which he knows, or should have known, were taken or retained 

contrary to the recommendations of the Commission made pursuant to article VIII of the Convention and adopted as regulations pursuant to section 6 of this Act, without regard to the 

citizenship of the person or vessel which took the fish. 

(b) FAILURE TO FURNISH RETURNS, RECORDS, OR REPORTS.—It 

shall be unlawful for the master or any person in charge of any 

fishing vessel subject to the jurisdiction of the United States to fail 

to make, keep, or furnish any catch returns, statistical records, or 

other reports as are required by regulations adopted pursuant to 

this Act to be made, kept, or furnished by such master or person. 

(c) REFUSAL OF REQUEST TO BOARD AND INSPECT VESSEL.—It 

shall be unlawful for the master or any person in charge of any 

fishing vessel subject to the jurisdiction of the United States to 

refuse to permit any person authorized to enforce the provisions of 

this Act and any regulations adopted pursuant thereto, to board 

such vessel and inspect its catch, equipment, books, documents, 

records, or other articles or question the persons onboard in accordance with the provisions of this Act, or the Convention, as the case 

may be, or to obstruct such officials in the execution of such duties. 


rfrederick on DSK6VPTVN1PROD with HEARING
46 

(d) IMPORTATION OF INELIGIBLE SPECIES OR SPECIES UNDER IN- VESTIGATION.—It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) or (d) of 

this Act, from any country, any fish in any form of those species 

subject to regulation pursuant to a recommendation of the Commission, or any fish in any form not under regulation but under investigation by the Commission, during the period such fish have been 

denied entry in accordance with the provisions of section 6(c) or (d) 

of this Act. In the case of any fish as described in this subsection 

offered for entry in the United States, the Secretary shall require 

proof satisfactory to him that such fish is not ineligible for such 

entry under the terms of section 6(c) or (d) of this Act. 

ø(e) SANCTIONS.—The civil penalty and permit sanctions of section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858) are hereby made applicable to violations of this section as if they were violations of section 307 of that 

Act. 

ø(f) FORFEITURE.—All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be 

forfeited.¿ 

ø(g)¿ (e) APPLICABILITY OF OTHER LAWS.—All provisions of law 

relating to the seizure, judicial forfeiture, and condemnation of a 

cargo for violation of the customs laws, the disposition of such 

cargo or the proceeds from the sale thereof, and the remission or 

mitigation of such forfeitures shall apply to seizures and forfeitures 

incurred, or alleged to have been incurred, under the provisions of 

this Act, insofar as such provisions of law are applicable and not 

inconsistent with the provisions of this Act. 

SEC. 8. ENFORCEMENT. 

[16 U.S.C. 971f] 

ø(a) PARTICULAR POWERS.—Any person authorized in accordance 

with the provisions of this Act to enforce the provisions of this Act 

and the regulations issued thereunder may— 

ø(1) with or without a warrant, board any vessel subject to 

the jurisdiction of the United States and inspect such vessel 

and its catch and, if as a result of such inspection, he has reasonable cause to believe that such vessel or any person on 

board is engaging in operations in violation of this Act or any 

regulations issued thereunder, he may, with or without a warrant or other process, arrest such person; 

ø(2) arrest, with or without a warrant, any person who violates the provisions of this Act or any regulation issued thereunder in his presence or view; 

ø(3) execute any warrant or other process issued by an officer or court of competent jurisdiction; and 

ø(4) seize, whenever and wherever lawfully found, all fish 

taken or retained by a vessel subject to the jurisdiction of the 

United States in violation of the provisions of this Act or any 

regulations issued pursuant thereto. Any fish so seized may be 

disposed of pursuant to an order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulation 

of the Secretary.¿ 

ø(b) INTERNATIONAL ENFORCEMENT.—¿ This Act shall be enforced 

under section 101 of the International Fisheries Stewardship and 

Enforcement Act. To the extent authorized under the convention or 


rfrederick on DSK6VPTVN1PROD with HEARING
47 

by agreements between the United States and any contracting 

party concluded pursuant to section 5(b) of this Act for international enforcement, the duly authorized officials of such party 

øshall have the authority to carry out the enforcement activities 

specified in section 8(a) of this Act¿ shall enforce this Act with respect to persons or vessels subject to the jurisdiction of the United 

States, and the officials of the United States authorized pursuant 

to this section øshall have the authority to carry out the enforcement activities specified in section 8(a) of this Act¿ shall enforce 

this Act with respect to persons or vessels subject to the jurisdiction of such party, except that where any agreement provides for 

arrest or seizure of persons or vessels under United States jurisdiction it shall also provide that the person or vessel arrested or 

seized shall be promptly handed over to a United States enforcement officer or another authorized United States official. 

ø(c) BONDS OR STIPULATIONS.—Notwithstanding the provisions of 

section 2464 of title 28, United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such 

process, or discharge any fish seized if the process has been levied, 

on receiving from the claimant of the fish a bond or stipulation for 

the value of the property with sufficient surety to be approved by 

a judge of the district court having jurisdiction of the offense, conditioned to deliver the fish seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court 

in such cause. Such bond or stipulation shall be returned to the 

court and judgment thereon against both the principal and sureties 

may be recovered in event of any breach of the conditions thereof 

as determined by the court. In the discretion of the accused, and 

subject to the direction of the court, the fish may be sold for not 

less than its reasonable market value at the time of seizure and 

the proceeds of such sale placed in the registry of the court pending 

judgment in the case.¿ 

NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 

1995 

[16 U.S.C. 5601 et seq.] 

SEC. 207. PROHIBITED ACTS øAND PENALTIES¿ AND ENFORCEMENT . 

[16 U.S.C. 5606] 

(a) PROHIBITION.—It is unlawful for any person or vessel that is 

subject to the jurisdiction of the United States— 

(1) to violate any regulation issued under this title or any 

measure that is legally binding on the United States under the 

Convention; 

(2) to refuse to permit any authorized enforcement officer to 

board a fishing vessel that is subject to the person’s control for 

purposes of conducting any øsearch or inspection¿ search, investigation, or inspection in connection with the enforcement of 

this title, any regulation issued under this title, or any measure that is legally binding on the United States under the Convention; 

(3) forcibly to assault, resist, oppose, impede, intimidate, or 

interfere with any authorized enforcement officer in the conVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00049 Fmt 6659 Sfmt 6601 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
48 

duct of any øsearch or inspection¿ search, investigation, or inspection described in paragraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section; 

(5) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fish 

taken or retained in violation of this section; or 

(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other 

person has committed an act prohibited by this section. 

ø(b) CIVIL PENALTY.—Any person who commits any act that is 

unlawful under subsection (a) shall be liable to the United States 

for a civil penalty, or may be subject to a permit sanction, under 

section 308 of the Magnuson Act (16 U.S.C. 1858). 

ø(c) CRIMINAL PENALTY.—Any person who commits an act that is 

unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall 

be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). 

ø(d) CIVIL FORFEITURES.— 

ø(1) IN GENERAL.—Any vessel (including its gear, furniture, 

appurtenances, stores, and cargo) used in the commission of an 

act that is unlawful under subsection (a), and any fish (or the 

fair market value thereof) taken or retained, in any manner, 

in connection with or as a result of the commission of any act 

that is unlawful under subsection (a), shall be subject to seizure and forfeiture as provided in section 310 of the Magnuson 

Act (16 U.S.C. 1860). 

ø(2) DISPOSAL OF FISH.—Any fish seized pursuant to this 

title may be disposed of pursuant to the order of a court of 

competent jurisdiction or, if perishable, in a manner prescribed 

by regulations issued by the Secretary. 

ø(e) ENFORCEMENT.—The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce the 

provisions of this title and shall have the authority specified in section 311(a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861(a), 

(b)(1), and (c)) for that purpose. 

ø(f) JURISDICTION OF COURTS.—The district courts of the United 

States shall have exclusive jurisdiction over any case or controversy arising under this section and may, at any time— 

ø(1) enter restraining orders or prohibitions; 

ø(2) issue warrants, process in rem, or other process; 

ø(3) prescribe and accept satisfactory bonds or other security; 

and 

ø(4) take such other actions as are in the interests of justice.¿ 

(b) ADMINISTRATION AND ENFORCEMENT—This title shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 


rfrederick on DSK6VPTVN1PROD with HEARING
49 

WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT 

[16 U.S.C. 6901 et seq.] 

SEC. 506. ENFORCEMENT. 

[16 U.S.C. 6905] 

* * * * * * * 

ø(c) ACTIONS BY THE SECRETARY.—The Secretary shall prevent 

any person from violating this title in the same manner, by the 

same means, and with the same jurisdiction, powers, and duties as 

though all applicable terms and provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) 

were incorporated into and made a part of this title. Any person 

that violates any provision of this title is subject to the penalties 

and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act in the 

same manner, by the same means, and with the same jurisdiction, 

power, and duties as though all applicable terms and provisions of 

that Act were incorporated into and made a part of this title.¿ 

(c) ADMINISTRATION AND ENFORCEMENT.—This title shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 

* * * * * * * 

SEC. 507. PROHIBITED ACTS. 

[16 U.S.C. 6906] 

(a) IN GENERAL.—It is unlawful for any person— 

(1) to violate any provision of this title or any regulation or 

permit issued pursuant to this title; 

(2) to use any fishing vessel to engage in fishing after the 

revocation, or during the period of øsuspension, on¿ suspension 

of an applicable permit issued pursuant to this title; 

(3) to refuse to permit any officer authorized to enforce the 

provisions of this title to board a fishing vessel subject to such 

person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of 

this title or any regulation, permit, or the Convention; 

(4) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any such authorized officer in the conduct of any 

search, investigations, or inspection in connection with the enforcement of this title or any regulation, permit, or the Convention; 

(5) to resist a lawful arrest for any act prohibited by this 

title; 

(6) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fish 

taken or retained in violation of this title or any regulation, 

permit, or agreement referred to in paragraph (1) or (2); 

(7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such 

other person has committed any chapter prohibited by this section; 

(8) to knowingly and willfully submit to the Secretary false 

information (including false information regarding the capacity 


rfrederick on DSK6VPTVN1PROD with HEARING
50 

and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a 

fishery that will be harvested by fishery vessels of the United 

States), regarding any matter that the Secretary is considering 

in the course of carrying out this title; 

(9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel 

under this title, or any data collector employed by the National 

Marine Fisheries Service or under contract to any person to 

carry out responsibilities under this title; 

(10) to engage in fishing in violation of any regulation adopted pursuant to section 506(a) of this title; 

(11) to ship, transport, purchase, sell, offer for sale, import, 

export, or have in custody, possession, or control any fish taken 

or retained in violation of such regulations; 

(12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations 

adopted pursuant to this title to be made, kept, or furnished; 

(13) to fail to stop a vessel upon being hailed and instructed 

to stop by a duly authorized official of the United States; 

(14) to import, in violation of any regulation adopted pursuant to section 506(a) of this title, any fish in any form of those 

species subject to regulation pursuant to a recommendation, 

resolution, or decision of the Commission, or any tuna in any 

form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in 

accordance with the provisions of section 506(a) of this title. 

(b) ENTRY CERTIFICATION.—In the case of any fish described in 

subsection (a) offered for entry into the United States, the Secretary of Commerce shall require proof satisfactory to the Secretary 

that such fish is not ineligible for such entry under the terms of 

section 506(a) of this title. 

NORTHERN PACIFIC HALIBUT ACT OF 1982 

[16 U.S.C. 773 et seq.] 

SEC. 7. PROHIBITED ACTS. 

[16 U.S.C. 773e] 

It is unlawful— 

ø(a)¿ (1) for any person subject to the jurisdiction of the United 

States— 

ø(1)¿ (A) to violate any provision of the Convention, this Act 

or any regulation adopted under this Act; 

ø(2)¿ (B) to refuse to permit any enforcement officer to board 

a fishing vessel subject to such person’s control for purposes of 

conducting any øsearch or inspection¿ search, investigation, or 

inspection in connection with the enforcement of the Convention, this Act or any regulation adopted under this Act; 

ø(3)¿ (C) to forcibly assault, resist, oppose, impede, intimidate or interfere with any enforcement officer in the conduct 

of any øsearch or inspection described in paragraph (2)¿ 

search, investigation, or inspection described in subparagraph 

(B); 

ø(4)¿ (D) to resist a lawful arrest or detention for any act 

prohibited by this section; 


rfrederick on DSK6VPTVN1PROD with HEARING
51 

ø(5)¿ (E) to ship, transport, offer for sale, sell, purchase, import, export or have custody, control or possession of, any fish 

taken or retained in violation of the Convention, this Act, or 

any regulation adopted under this Act; or 

ø(6)¿ (F) to interfere with, delay or prevent, by any means, 

the apprehension, arrest or detention of another person, knowing that such person has committed any act prohibited by this 

section. 

ø(b)¿ (2) for any foreign fishing vessel, and for the owner or operator of any foreign fishing vessel, to engage in fishing for halibut 

in the fishery conservation zone, unless such fishing is authorized 

by, and conducted in accordance with the Convention, this Act and 

regulations adopted under this Act. 

SEC. 8. CIVIL PENALTIES. 

[16 U.S.C. 773f] 

ø(a) LIABILITY; CONTINUING VIOLATIONS; NOTICE; DETERMINATION OF AMOUNT.—¿Any person who is found by the Secretary, 

after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act 

prohibited by section 7 shall be liable to the United States for a 

civil penalty. The amount of the civil penalty shall not exceed 

$200,000 for each violation. Each day of a continuing violation shall 

constitute a separate offense. The amount of such civil penalty 

shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary 

shall taken into account the nature, circumstances, extent, and 

gravity of the prohibited acts committed and, with respect to the 

violator, the degree of culpability, any history of prior offenses, and 

such other matters as justice may require. In assessing such penalty, the Secretary may also consider any information provided by 

the violator relating to the ability of the violator to pay if the information is provided to the Secretary at least 30 days prior to an administrative hearing. 

ø(b) JUDICIAL REVIEW.—Any person against whom a civil penalty 

is assessed under subsection (a) may obtain a review thereof in the 

appropriate court of the United States by filing a notice of appeal 

in such court within 30 days from the date of such order and by 

simultaneously sending a copy of such notice by certified mail to 

the Secretary and the Attorney General. The Secretary shall 

promptly file in such court a certified copy of the record upon 

which such violation was found or such penalty imposed, in accordance with rules prescribed pursuant to section 2112 of title 28, 

United States Code. The findings and order of the Secretary shall 

be set aside by such court if they are not found to be supported by 

substantial evidence, as provided in section 706(2) of title 5, United 

States Code. 

ø(c) RECOVERY OF ASSESSED PENALTIES BY ATTORNEY GENERAL.—If any person fails to pay an assessment of a civil penalty 

after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General 

of the United States, who shall recover the amount assessed in any 

validity and appropriateness of the final order imposing the civil 

penalty shall not be subject to review. 


rfrederick on DSK6VPTVN1PROD with HEARING
52 

ø(d) COMPROMISE, MODIFICATION, AND REMISSION OF PENALTIES.—The Secretary may compromise, modify, or remit, with or 

without conditions, any civil penalty which is subject to imposition 

or which has been imposed under this section. 

ø(e) REVOCATION OR SUSPENSION OF PERMIT.— 

ø(1) IN GENERAL.—The Secretary may take any action described in paragraph (2) in any case in which— 

ø(A) a vessel has been used in the commission of any act 

prohibited under section 7; 

ø(B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under 

this Act has acted in violation of section 7; or 

ø(C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or 

criminal fine imposed on a vessel or owner or operator of 

a vessel or any other person who has been issued or has 

applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue. 

ø(2) PERMIT-RELATED ACTIONS.—Under the circumstances described in paragraph (1) the Secretary may— 

ø(A) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of 

subsequent permits; 

ø(B) suspend such permit for a period of time considered 

by the Secretary to be appropriate; 

ø(C) deny such permit; or 

ø(D) impose additional conditions and restrictions on any 

permit issued to or applied for by such vessel or person 

under this Act and, with respect to any foreign fishing vessel, on the approved application of the foreign nation involved and on any permit issued under that application. 

ø(3) FACTORS TO BE CONSIDERED. IN IMPOSING A SANCTION

UNDER THIS SUBSECTION, THE SECRETARY SHALL TAKE INTO ACCOUNT— 

ø(A) the nature, circumstances, extent, and gravity of 

the prohibited acts for which the sanction is imposed; and 

ø(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters 

as justice may require. 

ø(4) TRANSFERS OF OWNERSHIP.—Transfer of ownership of a 

vessel, a permit, or any interest in a permit, by sale or otherwise, shall not extinguish any permit sanction that is in effect 

or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, permit, or interest 

in a permit, by sale or otherwise, the owner shall disclose in 

writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to 

the vessel, permit, or interest at the time of the transfer. 

ø(5) REINSTATEMENT.—In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty, 

criminal fine, or any amount in settlement of a civil forfeiture, 

the Secretary shall reinstate the permit upon payment of the 

penalty, fine, or settlement amount and interest thereon at the 

prevailing rate. 


rfrederick on DSK6VPTVN1PROD with HEARING
53 

ø(6) HEARING.—No sanction shall be imposed under this subsection unless there has been prior opportunity for a hearing 

on the facts underlying the violation for which the sanction is 

imposed either in conjunction with a civil penalty proceeding 

under this section or otherwise. 

ø(7) PERMIT DEFINED.—In this subsection, the term ‘‘permit’’ 

means any license, certificate, approval, registration, charter, 

membership, exemption, or other form of permission issued by 

the Commission or the Secretary, and includes any quota share 

or other transferable quota issued by the Secretary.¿ 

SEC. 9. CRIMES AND CRIMINAL PENALTIES. 

[16 U.S.C. 773g] 

(a) OFFENSES.—A person is guilty of any offense if he commits 

an act prohibited by øsection 7(a)(2), (3), (4), or (6); or section 7(b)¿ 

section 7(1)(B), (C), (D), or (F) or section 7(2). (b) FINES; IMPRISONMENT.—Any offense described in subsection (a) is punishable by a fine of not more than $200,000 or imprisonment for not more than 6 months or both; except that if in the commission of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized 

to enforce the provisions of this Act, or places any such officer in 

fear of imminent bodily injury the offense is punishable by a fine 

of not more than $400,000, or imprisonment for not more than 10 

years or both. 

(c) FEDERAL JURISDICTION.—There is Federal jurisdiction over 

any offense described in this section. 

øSEC. 10. FORFEITURES. 

[16 U.S.C. 773h] 

ø(a) CIVIL FORFEITURE PROCEEDING.—Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) 

used, and any fish taken or retained, in any manner, in connection 

with or as a result of the commission of any act prohibited by section 7 shall be subject to forfeiture to the United States. All or part 

of such vessel may, and all such fish shall, be forfeited to the 

United States pursuant to a civil proceeding under this section. 

ø(b) UNITED STATES DISTRICT COURT JURISDICTION.—Any district 

court of the United States shall have jurisdiction, upon application 

by the Attorney General on behalf of the United States, to order 

any forfeiture authorized under subsection (a) and any action provided for under subsection (d). 

ø(c) SEIZURE OF FORFEITED PROPERTY.—If a judgment is entered 

for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest 

declared forfeited to the United States, which has not previously 

been seized pursuant to this Act or for which security has not previously been obtained under subsection (d). The provisions of the 

customs laws relating to— 

ø(1) the disposition of forfeited property; 

ø(2) the proceeds from the sale of forfeited property; 

ø(3) the remission or mitigation of forfeitures; and 

ø(4) the compromise of claims; 

øshall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such 

provisions are inconsistent with the purposes, policy, and proviVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00055 Fmt 6659 Sfmt 6601 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
54 

sions of this Act. The duties and powers imposed upon the Commissioner of Customs or other persons under such provisions shall, 

with respect to this Act, be performed by officers or other persons 

designated for such purpose by the Secretary. 

ø(d) BOND OR OTHER SECURITY; DISPOSAL OF SEIZED FISH.— 

ø(1) Any officer authorized to serve any process in rem which 

is issued by a court having jurisdiction under section 11(d) 

shall— 

ø(A) stay the execution of such process; or 

ø(B) discharge any fish seized pursuant to such process; 

upon the receipt of a satisfactory bond or other security 

from any person claiming such property. Such bond or 

other security shall be conditioned upon such person delivering such property to the appropriate court upon order 

thereof, without any impairment of its value, or paying the 

monetary value of such property pursuant to an order of 

such court. Judgment shall be recoverable on such bond or 

other security against both the principal and any sureties 

in the event that any condition thereof is breached, as determined by such court. 

ø(2) Any fish seized pursuant to this Act may be disposed of 

pursuant to the order of a court of competent jurisdiction or, 

if perishable, in a manner prescribed by regulations of the Secretary or the Secretary of the department in which the Coast 

Guard is operating. 

ø(e) PRESUMPTION OF VIOLATION.—For purposes of this section, it 

shall be a rebuttable presumption that all fish found on board a 

fishing vessel which is seized in connection with an act prohibited 

by section 7 were taken or retained in violation of the Convention 

and this Act. 

SEC. 11. ADMINISTRATION AND ENFORCEMENT. 

[16 U.S.C. 773i] 

(a) SECRETARY OF COMMERCE AND SECRETARY OF DEPARTMENT IN

WHICH COAST GUARD IS OPERATING.—The Convention, this Act, 

and any regulation adopted under this Act, shall be enforced by the 

Secretary and the Secretary of the department in which the Coast 

Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, 

equipment (including aircraft and vessels), and facilities of any 

other Federal agency, and of any State agency, in the performance 

of such duties. 

ø(b) ARREST, SEARCH AND INSPECTION, SEIZURE; EXECUTION OF

WARRANTS AND OTHER PROCESS.—Any officer who is authorized by 

the Secretary, the Secretary of the department in which the Coast 

Guard is operating, or the head of any Federal or State agency 

which has entered into an agreement with such Secretaries under 

subsection (a) to enforce the Convention, this Act or any regulation 

adopted under this Act may— 

ø(1) with or without a warrant or other process— 

ø(A) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by 

section 7; 

ø(B) board, and search or inspect, any fishing vessel 

which is subject to this Act; 


rfrederick on DSK6VPTVN1PROD with HEARING
55 

ø(C) at reasonable times enter, search or inspect, shoreside facilities in which fish taken subject to this Act are 

processed, packed or held; 

ø(D) seize any fishing vessel (together with its fishing 

gear, furniture, appurtenances, stores, and cargo) used or 

employed in, or with respect to which it reasonably appears that such vessel was used or employed in, an act 

prohibited by section 7; 

ø(E) seize any fish (wherever found) taken or retained in 

the course of an act prohibited by section 7, or the proceeds of the sale of such fish; and 

ø(F) seize any other evidence related to an act prohibited 

by section 7; 

ø(2) execute any warrant or other process issued by any 

court of competent jurisdiction; and 

ø(3) exercise any other lawful authority. 

ø(c) CITATION OF OWNER OR OPERATOR OF OFFENDING VESSEL.— If any officer authorized to enforce this Act (as provided for in this 

section) finds that a fishing vessel is operating or has been operated in the commission of an act prohibited by section 7, such officer may, in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast 

Guard is operating, issue a citation to the owner or operator of 

such vessel in lieu of proceeding under subsection (b). If a permit 

has been issued pursuant to this Act for such vessel, such officer 

shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. 

The Secretary shall maintain a record of all citations issued pursuant to this subsection. 

ø(d) UNITED STATES DISTRICT COURT JURISDICTION.—The district 

courts of the United States shall have exclusive jurisdiction over 

any case or controversy arising under this Act. Any such court 

may, at any time— 

ø(1) enter restraining orders or prohibitions; 

ø(2) issue warrants, process in rem or other process; 

ø(3) prescribe and accept satisfactory bonds or other security; 

and 

ø(4) take such other actions as are in the interest of justice.¿ 

(b) ADMINISTRATION AND ENFORCEMENT.—This Act shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 

ø(e)¿ (c) WITNESSES; RECORDS AND FILES.—When requested by 

the appropriate authorities of Canada, officers or employees of the 

Coast Guard, the National Oceanic and Atmospheric Administration or any other agency of the United States may be directed to 

attend as a witness, and to produce such available records and files 

or duly certified copies thereof as may be necessary for the prosecution in Canada of any violation of the Convention or any Canadian 

law relating to the enforcement thereof. 

ø(f)¿ (d) INVESTIGATIONS BY SECRETARY OF COMMERCE; POWERS; 

PROCESS.— 

(1) In cooperation with such other agencies as may be appropriate, the Secretary may conduct or cause to be conducted 

such law enforcement investigations as are deemed necessary 

to carry out the purposes of this Act. 


rfrederick on DSK6VPTVN1PROD with HEARING
56 

(2) For the purpose of all investigations which, in the opinion 

of the Secretary, are necessary and proper for the enforcement 

of this Act, the Secretary or any officer designated by him is 

empowered to administer oaths and affirmations, subpena witnesses, take evidence, and require the production of any books, 

papers, or other documents which the Secretary deems relevant or material to the inquiry. Such attendance of witnesses 

and the production of such documentary evidence may be required from any place in the United States at any designated 

place or hearing. 

(3) Process of the Secretary may be served by anyone duly 

authorized by him either— 

(A) by delivering a copy thereof to the individual to be 

served, or to a member of the partnership to be served, or 

the president, secretary, or other executive officer or a director of the corporation to be served; or the agent designated for service of process; 

(B) by leaving a copy thereof at the residence or the 

principal office or place of business of such individual, 

partnership, or corporation; or 

(C) by mailing a copy thereof by registered or certified 

mail addressed to such individual, partnership, or corporation at his or its residence or principal office or place of 

business. The verified return by the individual so serving 

such complaint, order, or other process setting forth the 

manner of service shall be proof of same, and the returned 

post office receipt for such complaint, order, or other process mailed by registered or certified mail shall be proof of 

the service of the same. 

NATIONAL SEA GRANT COLLEGE PROGRAM 

REAUTHORIZATION ACT OF 1998 

[112 Stat. 21] 

SEC. 10. ADMINISTRATIVE LAW JUDGES. 

[16 U.S.C. 1541] 

Notwithstanding section 559 of title 5, United States Code, with 

respect to any marine resource conservation law or regulation administered by the Secretary of Commerce acting through the National Oceanic and Atmospheric Administration, all adjudicatory 

functions which are required by chapter 5 of title 5 of such Code 

to be performed by an Administrative Law Judge may be performed by øthe United States Coast Guard¿ another Federal agency 

on a reimbursable basis. Should øthe United States Coast Guard¿ 

another Federal agency require the detail of an Administrative Law 

Judge to perform any of these functions, it may request such temporary or occasional assistance from the Office of Personnel Management pursuant to section 3344 of title 5, United States Code. 


rfrederick on DSK6VPTVN1PROD with HEARING
57 

HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 

[106 Stat. 4900] 

SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH 

SEAS LARGE-SCALE DRIFTNET FISHING. 

[16 U.S.C. 1826a] 

(a) DENIAL OF PORT PRIVILEGES.— 

(1) PUBLICATION OF LIST.—Not later than 30 days after the 

date of enactment of this Act and periodically thereafter, the 

Secretary of Commerce, in consultation with the Secretary of 

State, shall publish a list of nations whose nationals or vessels 

conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation. 

ø(2) DENIAL OF PORT PRIVILEGES.—The Secretary of the 

Treasury shall, in accordance with recognized principles of 

international law— 

ø(A) withhold or revoke the clearance required by section 4197 of the Revised Statutes of the United States (46 

App. U.S.C. 91) for any large-scale driftnet fishing vessel 

that is documented under the laws of the United States or 

of a nation included on a list published under paragraph 

(1); and 

ø(B) deny entry of that vessel to any place in the United 

States and to the navigable waters of the United States.¿ 

(2) DENIAL OF PORT PRIVILEGES.—The Secretary of the Treasury shall, to the extent consistent with international law— 

(A) withhold or revoke the clearance required by section 

60105 of title 46, United States Code, for— 

(i) any large-scale driftnet fishing vessel that is documented under the law of the United States or of a nation included on a list published under paragraph (1); 

or 

(ii) any fishing vessel of a nation that receives a negative certification under section 609(d) or 610(c) of the 

High Seas Driftnet Fishing Moratorium Protection Act 

(16 U.S.C. 1826j(d) or 1826k(c)); and 

(B) deny entry of that vessel to any place in the United 

States and to the navigable waters of the United States, except for the purpose of inspecting the vessel, conducting an 

investigation, or taking other appropriate enforcement action. 

(3) NOTIFICATION OF NATION.—Before the publication of a list 

of nations under paragraph (1), the Secretary of State shall notify each nation included on that list regarding— 

(A) the effect of that publication on port privileges of 

vessels of that nation under paragraph (1); and 

(B) any sanctions or requirements, under this Act or any 

other law, that may be imposed on that nation if nationals 

or vessels of that nation continue to conduct large-scale 

driftnet fishing beyond the exclusive economic zone of any 

nation after December 31, 1992. 

(b) SANCTIONS.— 

(1) IDENTIFICATIONS.— 

(A) INITIAL IDENTIFICATIONS.—Not later than January 

10, 1993, the Secretary of Commerce shall— 


rfrederick on DSK6VPTVN1PROD with HEARING
58 

(i) identify each nation whose nationals or vessels 

are conducting large-scale driftnet fishing øor illegal, 

unreported, or unregulated fishing¿ beyond the exclusive economic zone of any nation; and 

(ii) notify the President and that nation of the identification under clause (i). 

(B) ADDITIONAL IDENTIFICATIONS.—At any time after 

January 10, 1993, whenever the Secretary of Commerce 

has reason to believe that the nationals or vessels of any 

nation are conducting large-scale driftnet fishing øor illegal, unreported, or unregulated fishing¿ beyond the exclusive economic zone of any nation, the Secretary of Commerce shall— 

(i) identify that nation; and 

(ii) notify the President and that nation of the identification under clause (i). 

(2) CONSULTATIONS.—Not later than 30 days after a nation 

is identified under paragraph (1)(B), the President shall enter 

into consultations with the government of that nation for the 

purpose of obtaining an agreement that will effect the immediate termination of large-scale driftnet fishing or illegal, unreported, or unregulated fishing by the nationals or vessels of 

that nation beyond the exclusive economic zone of any nation. 

(3) PROHIBITION ON IMPORTS OF FISH AND FISH PRODUCTS AND

SPORT FISHING EQUIPMENT.— ø(A) PROHIBITION.—The President— 

ø(i) upon receipt of notification of the identification 

of a nation under paragraph (1)(A); or 

ø(ii) if the consultations with the government of a 

nation under paragraph (2) are not satisfactorily concluded within ninety days, shall direct the Secretary of 

the Treasury to prohibit the importation into the 

United States of fish and fish products and sport fishing equipment (as that term is defined in section 4162 

of the Internal Revenue Code of 1986 (26 U.S.C. 4162)) 

from that nation.¿ 

(A) PROHIBITION.—The President shall direct the Secretary of the Treasury to prohibit the importation into the 

United States of fish and fish products and sport fishing 

equipment (as that term is defined in section 4162 of the 

Internal Revenue Code of 1986 (26 U.S.C. 4162)) from a 

nation— 

(i) upon receipt of notification of the identification of 

the nation under paragraph (1)(A); 

(ii) if the consultations with the government of the 

nation under paragraph (2) are not satisfactorily concluded within ninety days; or 

(iii) upon receipt of notification of a negative certification under section 609(d)(1) or 610(c)(1) of the High 

Seas Driftnet Fishing Moratorium Protection Act (16 

U.S.C. 1826j(d)(1) and 1826k(c)(1)). 

(B) IMPLEMENTATION OF PROHIBITION.—With respect to 

an import prohibition directed under subparagraph (A), 

the Secretary of the Treasury shall implement such prohibition not later than the date that is forty-five days after 


rfrederick on DSK6VPTVN1PROD with HEARING
59 

the date on which the Secretary has received the direction 

from the President. 

(C) PUBLIC NOTICE OF PROHIBITION.—Before the effective 

date of any import prohibition under this paragraph, the 

Secretary of the Treasury shall provide public notice of the 

impending prohibition. 

(4) ADDITIONAL ECONOMIC SANCTIONS.— 

(A) DETERMINATION OF EFFECTIVENESS OF SANCTIONS.— 

Not later than six months after the date the Secretary of 

Commerce identifies a nation under paragraph (1), or after 

issuing a negative certification under section 609(d)(1) or 

610(c)(1) of the High Seas Driftnet Fishing Moratorium 

Protection Act (16 U.S.C. 1826j(d)(1) and 1826k(c)(1)), the 

Secretary shall determine whether— 

ø(i) any prohibition established under paragraph (3) 

is insufficient to cause that nation to terminate largescale driftnet fishing or illegal, unreported, or unregulated fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation; or¿ 

(i) any prohibition established under paragraph (3) 

is insufficient to cause that nation— 

(I) to terminate large-scale driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation; 

(II) to address illegal, unreported, or unregulated fishing activities for which a nation has been 

identified under section 609 of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 

U.S.C. 1826j); or 

(III) to address bycatch of a protected living marine resource or shark catch on the high seas for 

which a nation has been identified under section 

610 of such Act (16 U.S.C. 1826k); or 

(ii) that nation has retaliated against the United 

States as a result of that prohibition. 

(B) CERTIFICATION.—The Secretary of Commerce shall 

certify to the President each affirmative determination 

under subparagraph (A) with respect to a nation. 

(C) EFFECT OF CERTIFICATION.—Certification by the Secretary of Commerce under subparagraph (B) is deemed to 

be a certification under section 8(a) of the Fishermen’s 

Protective Act of 1967 (22 U.S.C. 1978(a)), as amended by 

this Act. 

SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS. 

[16 U.S.C. 1826b] 

Any denial of port privileges or sanction under section 101 with 

respect to a nation shall remain in effect until such time as the 

Secretary of Commerce certifies to the President and the Congress 

that øsuch nation has terminated large-scale driftnet fishing or illegal, unreported, or unregulated fishing by its nationals and vessels 

beyond the exclusive economic zone of any nation.¿ such nation— 

(1) has terminated large-scale driftnet fishing by its nationals 

and vessels beyond the exclusive economic zone of any nation; 


rfrederick on DSK6VPTVN1PROD with HEARING
60 

(2) has addressed illegal, unreported, or unregulated fishing 

activities for which a nation has been identified under section 

609 of the High Seas Driftnet Fishing Moratorium Protection 

Act (16 U.S.C. 1826j); or 

(3) has addressed bycatch of a protected living marine resource or shark catch on the high seas for which a nation has 

been identified under section 610 of the High Seas Driftnet 

Fishing Moratorium Protection Act (16 U.S.C. 1826k). 

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

[16 U.S.C. 1801 et seq.] 

SEC. 402. INFORMATION COLLECTION. 

[16 U.S.C. 1881a] 

* * * * * * * 

(b) CONFIDENTIALITY OF INFORMATION.— (1) Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by 

any person in compliance with the requirements of this Act 

shall be confidential and shall not be disclosed except— 

(A) to Federal employees and Council employees who are 

responsible for fishery management plan development, 

monitoring, or enforcement; 

(B) to State or Marine Fisheries Commission employees 

as necessary to further the Department’s mission, subject 

to a confidentiality agreement that prohibits public disclosure of the identity of business of any person; 

(C) to State employees who are responsible for fishery 

management plan enforcement, if the States employing 

those employees have entered into a fishery enforcement 

agreement with the Secretary and the agreement is in effect; 

(D) when required by court order; 

(E) when such information is used by State, Council, or 

Marine Fisheries Commission employees to verify catch 

under a limited access program, but only to the extent that 

such use is consistent with subparagraph (B); 

(F) when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does 

not violate other requirements of this Act; 

(G) when such information is required to be submitted 

to the Secretary for any determination under a limited access program; øor¿ 

(H) to the Food and Agriculture Organization formed at 

Quebec, Canada, on October 16, 1945, international fishery 

management organizations, or arrangements made pursuant to an international fishery agreement as provided 

under section 608(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i(b)); 

(I) to any other Federal or State government agency, foreign government, the Food and Agriculture Organization 

formed at Quebec, Canada, on October 16, 1945, or the secVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00062 Fmt 6659 Sfmt 6603 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
61 

retariat or equivalent of an international fisheries management organization or arrangement made pursuant to an 

international fishery agreement, as provided under section 

101(c)(9) of the International Fisheries Stewardship and 

Enforcement Act; or 

ø(H)¿ (J) in support of homeland and national security 

activities, including the Coast Guard’s homeland security 

missions as defined in section 888(a)(2) of the Homeland 

Security Act of 2002 (6 U.S.C. 468(a)(2)). 

(2) Any observer information shall be confidential and shall 

not be disclosed, except in accordance with the requirements of 

subparagraphs (A) through (H) of paragraph (1), or— 

(A) as authorized by a fishery management plan or regulations under the authority of the North Pacific Council to 

allow disclosure to the public of weekly summary bycatch 

information identified by vessel or for haul-specific bycatch 

information without vessel identification; 

(B) when such information is necessary in proceedings to 

adjudicate observer certifications; or 

(C) as authorized by any regulations issued under paragraph (3) allowing the collection of observer information, 

pursuant to a confidentiality agreement between the observers, observer employers, and the Secretary prohibiting 

disclosure of the information by the observers or observer 

employers, in order— 

(i) to allow the sharing of observer information 

among observers and between observers and observer 

employers as necessary to train and prepare observers 

for deployments on specific vessels; or 

(ii) to validate the accuracy of the observer information collected. 

(3) The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or 

regulation under this Act, except that the Secretary may release or make public any such information in any aggregate or 

summary form which does not directly or indirectly disclose the 

identity or business of any person who submits such information. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management 

purposes by the Secretary, or with the approval of the Secretary, the Council, of any information submitted in compliance with any requirement or regulation under this Act or the 

use, release, or publication of bycatch information pursuant to 

paragraph (2)(A). 

* * * * * * * 

HIGH SEAS FISHING COMPLIANCE ACT OF 1995 

[16 U.S.C. 5501 et seq.] 

SEC. 104. PERMITTING. 

[16 U.S.C. 5503] 

* * * * * * * 


rfrederick on DSK6VPTVN1PROD with HEARING
62 

ø(f) DURATION.—A permit issued under this section is valid for 

5 years. A permit issued under this section is void in the event the 

vessel is no longer eligible for United States documentation, such 

documentation is revoked or denied, or the vessel is deleted from 

such documentation.¿ 

(f) VALIDITY.—A permit issued under this section is void if— 

(1) 1 or more permits or authorizations required for a vessel 

to fish, in addition to a permit issued under this section, expire, 

are revoked, or are suspended; or 

(2) the vessel is no longer eligible for United States documentation, such documentation is revoked or denied, or the vessel is deleted from such documentation. 

TUNA CONVENTION ACT OF 2013 

[16 U.S.C. 951 et seq.] 

øSEC. 2. DEFINITIONS. 

[16 U.S.C. 951] 

øAs used in this Act, the term— 

ø(a) ‘‘convention’’ includes (1) the Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna, signed at Mexico City January 25, 1949, by the 

United States of America and the United Mexican States, (2) the 

Convention for the Establishment of an Inter-American Tropical 

Tuna Commission, signed at Washington May 31, 1949, by the 

United States of America and the Republic of Costa Rica, or both 

such conventions, as the context requires; 

ø(b) ‘‘commission’’ includes (1) the International Commission for 

the Scientific Investigation of Tuna, (2) the Inter-American Tropical Tuna Commission provided for by the conventions referred to 

in subsection (a) of this section, or both such commissions, as the 

context requires; 

ø(c) ‘‘United States Commissioners’’ means the members of the 

commissions referred to in subsection (b) of this section representing the United States of America and appointed pursuant to 

the terms of the pertinent convention and section 952 of this title; 

ø(d) ‘‘person’’ means every individual, partnership, corporation, 

and association subject to the jurisdiction of the United States; and 

ø(e) ‘‘United States’’ shall include all areas under the sovereignty 

of the United States, the Trust Territory of the Pacific Islands, and 

the Canal Zone.¿ 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ANTIGUA CONVENTION.—The term ‘‘Antigua Convention’’ 

means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic 

of Costa Rica, signed at Washington, November 14, 2003. 

(2) COMMISSION.—The term ‘‘Commission’’ means the InterAmerican Tropical Tuna Commission provided for by the Convention. 

(3) CONVENTION.—The term ‘‘Convention’’ means— 

(A) the Convention for the Establishment of an InterAmerican Tropical Tuna Commission, signed at WashVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00064 Fmt 6659 Sfmt 6603 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
63 

ington, May 31, 1949, by the United States of America and 

the Republic of Costa Rica; 

(B) the Antigua Convention, upon its entry into force for 

the United States, and any amendments thereto that are in 

force for the United States; or 

(C) both subparagraphs (A) and (B), as the context requires. 

(4) IMPORT.—The term ‘‘import’’ means to land on, bring into, 

or introduce into, or attempt to land on, bring into, or introduce 

into, any place subject to the jurisdiction of the United States, 

whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws 

of the United States. 

(5) PERSON.—The term ‘‘person’’ means an individual, partnership, corporation, or association subject to the jurisdiction of 

the United States. 

(6) UNITED STATES.—The term ‘‘United States’’ includes all 

areas under the sovereignty of the United States. 

(7) UNITED STATES COMMISSIONERS.—The term ‘‘United 

States Commissioners’’ means the individuals appointed under 

section 3(a). 

(8) UNITED STATES SECTION.—The term ‘‘United States Section’’ means the United States Commissioners to the Commission and a designee of the Secretary of State. 

øSEC. 3. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATION. 

[16 U.S.C. 952] 

øThe United States shall be represented on the two commissions 

by a total of not more than four United States Commissioners, who 

shall be appointed by the President, serve as such during his pleasure, and receive no compensation for their services as such Commissioners. Individuals serving as such Commissioners shall not be 

considered to be Federal employees while performing such service, 

except for purposes of injury compensation or tort claims liability 

as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code. Of such Commissioners— 

ø(a) not more than one shall be a person residing elsewhere than 

in a State whose vessels maintain a substantial fishery in the 

areas of the conventions; 

ø(b) at least one of the Commissioners who are such legal residents shall be a person chosen from the public at large, and who 

is not a salaried employee of a State or of the Federal Government; 

ø(c) at least one shall be either the Administrator, or an appropriate officer, of the National Marine Fisheries Service; and 

ø(d) at least one shall be chosen from a nongovernmental conservation organization.¿ 

SEC. 3. COMMISSIONERS. 

(a) COMMISSIONERS.—The United States shall be represented on 

the Commission by 5 United States Commissioners. The President 

shall appoint individuals to serve on the Commission at the pleasure of the President. In making the appointments, the President 

shall select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in 

the eastern tropical Pacific Ocean, 1 of which shall be an officer or 


rfrederick on DSK6VPTVN1PROD with HEARING
64 

employee of the Department of Commerce, 1 of which shall be the 

chairman or a member of the Western Pacific Fishery Management 

Council, and 1 of which shall be the chairman or a member of the 

Pacific Fishery Management Council. Not more than 2 Commissioners may be appointed who reside in a State other than a State 

whose vessels maintain a substantial fishery in the area of the Convention. 

(b) ALTERNATE UNITED STATES COMMISSIONERS.—The Secretary 

of State, in consultation with the Secretary, may designate from 

time to time and for periods of time deemed appropriate Alternate 

United States Commissioners to the Commission. Any Alternate 

United States Commissioner may exercise, at any meeting of the 

Commission or of the General Advisory Committee or Scientific Advisory Subcommittee established pursuant to section 4(b), all powers 

and duties of a United States Commissioner in the absence of any 

Commissioner appointed pursuant to subsection (a) of this section 

for whatever reason. The number of such Alternate United States 

Commissioners that may be designated for any such meeting shall 

be limited to the number of United States Commissioners appointed 

pursuant to subsection (a) of this section who will not be present at 

such meeting. 

(c) ADMINISTRATIVE MATTERS.— (1) EMPLOYMENT STATUS.—Individuals serving as such Commissioners, other than officers or employees of the United States 

Government, shall not be considered Federal employees except 

for the purposes of injury compensation or tort claims liability 

as provided in chapter 81 of title 5, United States Code, and 

chapter 171 of title 28, United States Code. 

(2) COMPENSATION.—The United States Commissioners or Alternate United States Commissioners, although officers of the 

United States while so serving, shall receive no compensation 

for their services as such United States Commissioners or Alternate United States Commissioners. 

(3) TRAVEL EXPENSES.— 

(A) The Secretary of State shall pay the necessary travel 

expenses of United States Commissioners and Alternate 

United States Commissioners to meetings of the Commission and other meetings the Secretary deems necessary to 

fulfill their duties, in accordance with the Federal Travel 

Regulations and sections 5701, 5702, 5704 through 5708, 

and 5731 of title 5, United States Code. 

(B) The Secretary may reimburse the Secretary of State 

for amounts expended by the Secretary of State under this 

subsection. 

SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 

SUBCOMMITTEE. 

[16 U.S.C. 953] 

ø(a) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.— 

The Secretary, in consultation with the United States Commissioners, shall— 

ø(1) appoint a General Advisory Committee which shall be 

composed of not less than 5 nor more than 15 persons with balanced representation from the various groups participating in 

the fisheries included under the conventions, and from nongovernmental conservation organizations; 


rfrederick on DSK6VPTVN1PROD with HEARING
65 

ø(2) appoint a Scientific Advisory Subcommittee which shall 

be composed of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations; 

ø(3) establish procedures to provide for appropriate public 

participation and public meetings and to provide for the confidentiality of confidential business data; and 

ø(4) fix the terms of office of the members of the General Advisory Committee and Scientific Advisory Subcommittee, who 

shall receive no compensation for their services as such members. 

(a) GENERAL ADVISORY COMMITTEE.— (1) APPOINTMENTS; PUBLIC PARTICIPATION.— (A) APPOINTMENTS.—The Secretary, in consultation with 

the Secretary of State, shall appoint a General Advisory 

Committee which shall consist of not more than 25 individuals who shall be representative of the various groups concerned with the fisheries covered by the Convention, including nongovernmental conservation organizations, providing 

to the maximum extent practicable an equitable balance 

among such groups. Members of the General Advisory Committee will be eligible to participate as members of the U.S. 

delegation to the Commission and its working groups to the 

extent the Commission rules and space for delegations 

allow. 

(B) ADDITIONAL MEMBERS.—The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly 

Migratory Fisheries and the chair of the Western Pacific 

Fishery Management Council’s Advisory Committee shall 

be members of the General Advisory Committee by virtue of 

their positions in those Councils. 

(C) TERMS.—Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a 

term of 3 years and shall be eligible for reappointment. 

(D) NON-EXECUTIVE MEETINGS OF THE UNITED STATES

SECTION.—The General Advisory Committee shall be invited to attend all non-executive meetings of the United 

States Section and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. 

(E) PUBLIC PARTICIPATION.—The General Advisory Committee shall determine its organization, and prescribe its 

practices and procedures for carrying out its functions 

under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), 

and the Convention. The General Advisory Committee shall 

publish and make available to the public a statement of its 

organization, practices and procedures. Meetings of the 

General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. 

(2) INFORMATION SHARING.—The Secretary and the Secretary 

of State shall furnish the General Advisory Committee with relVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00067 Fmt 6659 Sfmt 6603 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
66 

evant information concerning fisheries and international fishery 

agreements. 

(3) ADMINISTRATIVE MATTERS.— (A) IN GENERAL.—The Secretary shall provide to the General Advisory Committee in a timely manner such administrative and technical support services as are necessary for 

its effective functioning. 

(B) COMPENSATION.—An individual appointed to serve as 

a member of the General Advisory Committee— 

(i) shall serve without pay, but while away from 

home or regular place of business to attend meetings of 

the General Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, 

in the same manner as a person employed intermittently in the Government service is allowed expenses 

under section 5703 of title 5, United States Code; and 

(ii) shall not be considered a Federal employee except 

for the purposes of injury compensation or tort claims 

liability as provided in chapter 81 of title 5, United 

States Code, and chapter 171 of title 28, United States 

Code. 

ø(b) FUNCTIONS.— ø(1) GENERAL ADVISORY COMMITTEE.—The General Advisory 

Committee shall be invited to have representatives attend all 

nonexecutive meetings of the United States sections and shall 

be given full opportunity to examine and to be heard on all 

proposed programs of investigations, reports, recommendations, and regulations of the Commission. The General Advisory Committee may attend all meetings of the international 

commissions to which they are invited by such commissions.¿ 

(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.— (1) IN GENERAL.—The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations. 

(A) PUBLIC PARTICIPATION.—The Scientific Advisory Subcommittee shall determine its organization, and prescribe 

its practices and procedures for carrying out its functions 

under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), 

and the Convention. The Scientific Advisory Subcommittee 

shall publish and make available to the public a statement 

of its organization, practices, and procedures. Meetings of 

the Scientific Advisory Subcommittee, except when in executive session, shall be open to the public, and prior notice of 

meetings shall be made public in a timely fashion. 

(B) INFORMATION SHARING.—The Secretary and the Secretary of State shall furnish the Scientific Advisory Subcommittee with relevant information concerning fisheries 

and international fishery agreements. 

(C) ADMINISTRATIVE MATTERS.— 

(i) IN GENERAL.—The Secretary shall provide to the 

Scientific Advisory Subcommittee in a timely manner 


rfrederick on DSK6VPTVN1PROD with HEARING
67 

such administrative and technical support services as 

are necessary for its effective functioning. 

(ii) COMPENSATION.—An individual appointed to 

serve as a member of the Scientific Advisory Subcommittee— 

(I) shall serve without pay, but while away from 

home or regular place of business to attend meetings of the Scientific Advisory Subcommittee shall 

be allowed travel expenses, including per diem in 

lieu of subsistence, in the same manner as a person employed intermittently in the Government 

service is allowed expenses under section 5703 of 

title 5, United States Code; and 

(II) shall not be considered a Federal employee, 

except for the purposes of injury compensation or 

tort claims liability as provided in chapter 81 of 

title 5, United States Code, and chapter 171 of title 

18, United States Code. 

ø(2) SCIENTIFIC ADVISORY SUBCOMMITTEE.—¿ (2) FUNCTIONS

AND ASSISTANCE.— (A) ADVICE.—The Scientific Advisory Subcommittee shall 

advise the General Advisory Committee and the Commissioners on matters including— 

(i) the conservation of ecosystems; 

(ii) the sustainable uses of living marine resources 

related to the tuna fishery in the eastern Pacific 

Ocean; and 

(iii) the long-term conservation and management of 

stocks of living marine resources in the eastern tropical Pacific Ocean. 

(B) OTHER FUNCTIONS AND ASSISTANCE.—The Scientific 

Advisory Subcommittee shall, as requested by the General 

Advisory Committee, the United States Commissioners, or 

the Secretary, perform functions and provide assistance required by formal agreements entered into by the United 

States for this fishery, including the International Dolphin 

Conservation Program. These functions may include— 

(i) the review of data from the Program, including 

data received from the Inter-American Tropical Tuna 

Commission; 

(ii) recommendations on research needs, including 

ecosystems, fishing practices, and gear technology research, including the development and use of selective, 

environmentally safe and cost-effective fishing gear, 

and on the coordination and facilitation of such research; 

(iii) recommendations concerning scientific reviews 

and assessments required under the Program and engaging, as appropriate, in such reviews and assessments; 

(iv) consulting with other experts as needed; and 

(v) recommending measures to assure the regular 

and timely full exchange of data among the parties to 

the Program and each nation’s National Scientific Advisory Committee (or its equivalent). 


rfrederick on DSK6VPTVN1PROD with HEARING
68 

(3) ATTENDANCE AT MEETINGS.—The Scientific Advisory Subcommittee shall be invited to have representatives attend all 

nonexecutive meetings of the United States sections and the 

øGeneral Advisory Subcommittee¿ General Advisory Committee 

and shall be given full opportunity to examine and to be heard 

on all proposed programs of scientific investigation, scientific 

reports, and scientific recommendations of the commission. 

Representatives of the Scientific Advisory Subcommittee may 

attend meetings of the Inter-American Tropical Tuna Commission in accordance with the rules of such Commission. 

øSEC. 6. SECRETARY OF STATE TO ACT FOR UNITED STATES.¿ SEC. 6. RULEMAKING. 

[16 U.S.C. 955] 

ø(a) APPROVAL OF COMMISSION BYLAWS AND RULES; ACTION ON

REPORTS, REQUESTS, AND RECOMMENDATIONS.—The Secretary of 

State is authorized to approve or disapprove, on behalf of the 

United States Government, bylaws and rules, or amendments 

thereof, adopted by each commission and submitted for approval of 

the United States Government in accordance with the provisions of 

the conventions, and, with the concurrence of the Secretary of Commerce, to approve or disapprove the general annual programs of 

the commissions. The Secretary of State is further authorized to receive, on behalf of the United States Government, reports, requests, recommendations, and other communications of the commissions, and to take appropriate action thereon either directly or 

by reference to the appropriate authority. 

ø(b) REGULATIONS.—Regulations recommended by each commission pursuant to the convention requiring the submission to the 

commission of records of operations by boat captains or other persons who participate in the fisheries covered by the convention, 

upon the concurrent approval of the Secretary of State and the Secretary of Commerce, shall be promulgated by the latter and upon 

publication in the Federal Register, shall be applicable to all vessels and persons subject to the jurisdiction of the United States.¿ 

(a) REGULATIONS.—The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, 

may promulgate such regulations as may be necessary to carry out 

the United States international obligations under the Convention 

and this Act, including recommendations and decisions adopted by 

the Commission. In cases where the Secretary has discretion in the 

implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional 

Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the Convention and 

any recommendations and decisions adopted by the Commission, 

promulgate such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 

(b) JURISDICTION.—The Secretary may promulgate regulations 

applicable to all vessels and persons subject to the jurisdiction of the 

United States, including United States flag vessels wherever they 

may be operating, on such date as the Secretary shall prescribe. 

(c) øRULEMAKING PROCEDURES; PROHIBITIONS.—¿ (c) ADDITIONAL

AUTHORITY.—øRegulations required to carry out recommendations 


rfrederick on DSK6VPTVN1PROD with HEARING
69 

of the commission made pursuant to paragraph 5 of article II of the 

Convention for the Establishment of an Inter-American Tropical 

Tuna Commission shall be promulgated as hereinafter provided by 

the Secretary of Commerce upon approval of such recommendations 

by the Secretary of State and the Secretary of Commerce. The Secretary of Commerce shall cause to be published in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking 

through (1) submission of written data, views, or arguments, and 

(2) oral presentation at a public hearing. Such regulations shall be 

published in the Federal Register and shall be accompanied by a 

statement of the considerations involved in the issuance of the regulations. After publication in the Federal Register such regulations 

shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of Commerce shall prescribe, but in no event prior to an agreed date for 

the application by all countries whose vessels engage in fishing for 

species covered by the convention in the regulatory area on a 

meaningful scale, in terms of effect upon the success of the conservation program, of effective measures for the implementation of 

the commission’s recommendation applicable to all vessels and persons subject to their respective jurisdictions.¿ The Secretary of 

Commerce shall suspend at any time the øapplication of any such 

regulations¿ application of regulations promulgated to carry out the 

recommendations of the Commission when, after consultation with 

the Secretary of State and the United States Commissioners, øhe¿ 

the Secretary of Commerce determines that foreign fishing operations in the regulatory area are such as to constitute a serious 

threat to the achievement of the objectives of the commission’s recommendations. øThe regulations thus promulgated may include the 

selection for regulation of one or more of the species covered by the 

convention; the division of the convention waters into areas; the establishment of one more open or closed seasons as to each area; the 

limitation of the size of the fish and quantity of the catch which 

may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch 

of a regulated species which may be retained, taken, possessed, or 

landed by vessels or persons fishing for other species of fish; the 

requiring of such clearance certificates for vessels as may be necessary to carry out the purposes of the convention and this Act; 

and such other measures incidental thereto as the Secretary of 

Commerce may deem necessary to implement the recommendations 

of the commission: Provided, That upon the promulgation of any 

such regulations the Secretary of Commerce shall promulgate additional regulations, with the concurrence of the Secretary of State, 

which shall become effective simultaneously with the application of 

the regulations hereinbefore referred to (1) to prohibit the entry 

into the United States, from any country when the vessels of such 

country are being used in the conduct of fishing operations in the 

regulatory area in such manner or in such circumstances as would 

tend to diminish the effectiveness of the conservation recommendations of the commission, of fish in any form of those species which 

are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area; and (2) to 

prohibit entry into the United States, from any country, of fish in 


rfrederick on DSK6VPTVN1PROD with HEARING
70 

any form of those species which are subject to regulation pursuant 

to a recommendation of the commission and which were taken from 

the regulatory area by vessels other than those of such country in 

such manner or in such circumstances as would tend to diminish 

the effectiveness of the conservation recommendations of the commission. In the case of repeated and flagrant fishing operations in 

the regulatory area by the vessels of any country which seriously 

threaten the achievement of the objectives of the commission’s recommendations, the Secretary of Commerce, with the concurrence of 

the Secretary of State, may, in his discretion, also prohibit the 

entry from such country of such other species of tuna, in any form, 

as may be under investigation by the commission and which were 

taken in the regulatory area. The aforesaid prohibitions shall continue until the Secretary of Commerce is satisfied that the condition warranting the prohibition no longer exists, except that all fish 

in any form of the species under regulation which were previously 

prohibited from entry shall continue to be prohibited from entry.¿ 

øSEC. 8. VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED LAWS. 

[16 U.S.C. 957] 

ø(a) It shall be unlawful for any master or other person in charge 

of a fishing vessel of the United States to engage in fishing in violation of any regulation adopted pursuant to section 6(c) of this Act, 

or for any person knowingly to ship, transport, purchase, sell, offer 

for sale, import, export, or have in custody, possession, or control 

any fish taken or retained in violation of such regulations. 

ø(b) It shall be unlawful for the master or any person in charge 

of any fishing vessel of the United States or any person on board 

such vessel to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations 

adopted pursuant to this Act to be made, kept, or furnished; or to 

fail to stop upon being hailed by a duly authorized official of the 

United States; or to refuse to permit the duly authorized officials 

of the United States or authorized officials of the commissions to 

board such vessel or inspect its catch, equipment, books, documents, records, or other articles or question the persons on board 

in accordance with the provisions of this Act, or the convention, as 

the case may be. 

ø(c) It shall be unlawful for any person to import, in violation of 

any regulation adopted pursuant to section 6(c) of this Act, from 

any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the commission, or any tuna 

in any form not under regulation, but under investigation by the 

commission, during the period such fish have been denied entry in 

accordance with the provisions of section 6(c) of this Act. In the 

case of any fish as described in this subsection offered for entry 

into the United States, the Secretary of the Interior shall require 

proof satisfactory to him that such fish is not ineligible for such 

entry under the terms of section 6(c) of this Act. 

ø(d) Any person violating any provision of subsection (a) of this section shall be fined not more than $25,000, and for a subsequent 

violation of any provisions of said subsection (a) shall be fined not 

more than $50,000. 

ø(e) Any person violating any provision of subsection (b) of this section shall be fined not more than $1,000, and for a subsequent 


rfrederick on DSK6VPTVN1PROD with HEARING
71 

violation of any provision of subsection (b) shall be fined not more 

than $5,000. 

ø(f) Any person violating any provision of subsection (c) of this 

section shall be fined not more than $100,000. 

ø(g) All fish taken or retained in violation of subsection (a) of this 

section, or the monetary value thereof, may be forfeited. 

ø(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs 

laws, the disposition of such cargo or the proceeds from the sale 

thereof, and the remission or mitigation of such forfeitures shall 

apply to seizures and forfeitures incurred, or alleged to have been 

incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions 

of this Act.¿ 

SEC. 8. PROHIBITED ACTS. 

It is unlawful for any person— 

(1) to violate any provision of this chapter or any regulation 

or permit issued pursuant to this Act; 

(2) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable 

permit issued pursuant to this Act; 

(3) to refuse to permit any officer authorized to enforce the 

provisions of this Act (as provided for in section 10) to board 

a fishing vessel subject to such person’s control for the purposes 

of conducting any search, investigation or inspection in connection with the enforcement of this Act or any regulation, permit, 

or the Convention; 

(4) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any such authorized officer 

in the conduct of any search, investigations or inspection in connection with the enforcement of this Act or any regulation, permit, or the Convention; 

(5) to resist a lawful arrest for any act prohibited by this Act; 

(6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken 

or retained in violation of this Act or any regulation, permit, or 

agreement referred to in paragraph (1) or (2); 

(7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other 

person has committed any act prohibited by this section; 

(8) to knowingly and willfully submit to the Secretary false 

information regarding any matter that the Secretary is considering in the course of carrying out this Act; 

(9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, attempt to bribe, or interfere with any observer on a vessel under the Convention, or any data collector 

employed by the National Marine Fisheries Service or under 

contract to any person to carry out responsibilities under this 

Act; 

(10) to engage in fishing in violation of any regulation adopted pursuant to section 6 of this Act; 

(11) to ship, transport, purchase, sell, offer for sale, import, 

export, or have in custody, possession, or control any fish taken 

or retained in violation of such regulations; 


rfrederick on DSK6VPTVN1PROD with HEARING
72 

(12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations 

adopted pursuant to this Act to be made, kept, or furnished; 

(13) to fail to stop a vessel upon being hailed and instructed 

to stop by a duly authorized official of the United States; or 

(14) to import any fish in any form in violation of any regulation adopted pursuant to section 6 of this Act. 

øSEC. 10. ENFORCEMENT OF CHAPTER. 

[16 U.S.C. 959] 

ø(a) ISSUANCE OF PROCESS.—The judges of the United States district courts and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing 

probable cause, issue such warrants or other process as may be required for enforcement of this Act and the regulations issued pursuant thereto. 

ø(b) FEDERAL LAW ENFORCEMENT AGENTS.—Enforcement of the 

provisions of this Act and the regulations issued pursuant thereto 

shall be the joint responsibility of the United States Coast Guard, 

the United States Department of the Interior, and the United 

States Bureau of Customs. In addition, the Secretary of the Interior may designate officers and employees of the States of the 

United States, of the Commonwealth of Puerto Rico, and of American Samoa to carry out enforcement activities hereunder. When so 

designated, such officers and employees are authorized to function 

as Federal law enforcement agents for these purposes. 

ø(c) EXECUTION OF PROCESS.—Any person authorized to carry out 

enforcement activities hereunder shall have the power to execute 

any warrant or process issued by any officer or court of competent 

jurisdiction for the enforcement of this Act. 

ø(d) ARRESTS.—Such person so authorized shall have the power— 

ø(1) with or without a warrant or other process, to arrest 

any persons subject to the jurisdiction of the United States at 

any place within the jurisdiction of the United States committing in his presence or view a violation of this Act or the regulations issued thereunder; 

ø(2) with or without a warrant or other process, to search 

any vessel subject to the jurisdiction of the United States, and, 

if as a result of such search he has reasonable cause to believe 

that such vessel or any person on board is engaging in operations in violation of the provisions of this Act or the regulations issued thereunder, then to arrest such person. 

ø(e) SEIZURES AND DISPOSITION OF FISH.—Such person so authorized may seize, whenever and wherever lawfully found, all fish 

taken or retained in violation of the provisions of this Act or the 

regulations issued pursuant thereto. Any fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction, 

pursuant to the provisions of subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary of 

the Interior. 

ø(f) SECURITY.—Notwithstanding the provisions of section 2464 of 

title 28 of the United States Code, when a warrant of arrest or 

other process in rem is issued in any cause under this section, the 

marshal or other officer shall stay the execution of such process, or 

discharge any fish seized if the process has been levied, on receiving from the claimant of the fish a bond or stipulation for the value 


rfrederick on DSK6VPTVN1PROD with HEARING
73 

of the property with sufficient surety to be approved by a judge of 

the district court having jurisdiction of the offense, conditioned to 

deliver the fish seized, if condemned, without impairment in value 

or, in the discretion of the court, to pay its equivalent value in 

money or otherwise to answer the decree of the court in such cause. 

Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined 

by the court. In the discretion of the accused, and subject to the 

direction of the court, the fish may be sold for not less than its reasonable market value and the proceeds of such sale placed in the 

registry of the court pending judgment in the case.¿ 

SEC. 10. ENFORCEMENT. 

This Act shall be enforced under section 101 of the International 

Fisheries Stewardship and Enforcement Act. 

SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN. 

[16 U.S.C. 962] 

The Secretary of State, in consultation with the Secretary of 

Commerce and acting through the United States Commissioners, 

shall seek, in cooperation with other nations whose øvessel¿ vessels 

fish for tuna in the eastern tropical Pacific Ocean, to establish 

standards and measures for a bycatch reduction program for vessels fishing for yellowfin tuna in the eastern tropical Pacific Ocean. 

The bycatch reduction program shall include measures— 

(1) to require, to the maximum extent practicable, that sea 

turtles and other threatened species and endangered species 

are released alive; 

(2) to reduce, to the maximum extent practicable, the harvest 

of nontarget species; 

(3) to reduce, to the maximum extent practicable, the mortality of nontarget species; and 

(4) to reduce, to the maximum extent practicable, the mortality of juveniles of the target species. 

øEASTERN PACIFIC TUNA LICENSING ACT OF 1984 

[16 U.S.C. 972 et seq.] 

øSEC. 2. DEFINITIONS. 

[16 U.S.C. 972] 

øAs used in this Act— 

ø(1) The term ‘‘Agreement’’ means the Eastern Pacific Ocean 

Tuna Fishing Agreement, signed in San Jose, Coast Rica, 

March 15, 1983. 

ø(2) The term ‘‘Agreement Area’’ means the area within a perimeter determined as follows: From the point on the mainland 

where the parallel of 40 degrees north latitude intersects the 

coast westward along the parallel of 40 degrees north latitude 

to 40 degrees north latitude by 125 degrees west longitude, 

thence southerly along the meridian of 125 degrees west longitude to 20 degrees north latitude by 125 degrees west longitude, thence easterly along the parallel of 20 degrees north 

latitude to 20 degrees north latitude by 120 degrees west longitude, thence southerly along the meridian of 120 degrees 


rfrederick on DSK6VPTVN1PROD with HEARING
74 

west longitude to 5 degrees north latitude by 120 degrees west 

longitude, thence easterly along the parallel of 5 degrees north 

latitude to 5 degrees north latitude by 110 degrees west longitude, thence southerly along the meridian of 110 degrees 

west longitude to 10 degrees south latitude by 110 degrees 

west longitude, thence easterly along the parallel of 10 degrees 

south latitude to 10 degrees south latitude by 90 degrees west 

longitude, thence southerly along the meridian of 90 degrees 

west longitude to 30 degrees south latitude by 90 degrees west 

longitude, thence easterly along the parallel of 30 degrees 

south latitude to the point on the mainland where the parallel 

intersects the coast; but the Agreement Area does not include 

the zones within twelve nautical miles of the baseline from 

which the breadth of territorial sea is measured and the zones 

within two hundred nautical miles of the baselines of Coastal 

States not signatories to the Agreement, measured from the 

same baseline. 

ø(3) The term ‘‘designated species of tuna’’ means yellowfin 

tuna, Thunnus albacares (Bonnaterre, 1788); bigeye tuna, 

Thunnus obesus (Lowe, 1839); albacore tuna, thunnus alalunga 

(Bonnaterre, 1788); northern bluefin tuna, Thunnus thynnus 

(Linnaeus, 1758); southern bluefin tuna, Thunnus maccoyil 

(Castelnau, 1872); skipjack tuna, Katsuwonus pelamis (Linnaeus 1578); black skipjack, Euthynnus Lineatus (Kishinouye 

1920); kawakawa, Euthynnus affinis (Cantor, 1849); bullet 

tuna, Auxis rochei (Risso, 1810), frigate tuna, Ausix thazard 

(Lacepede, 1800); eastern Pacific bonito, Sarda chiliensis 

(Cuvier in Cuvier and Valenciennes, 1831); and Indo-Pacific bonito, Sarda orientalis (Temminck and Schlegel, 1844). 

ø(4) The term ‘‘Council’’ means the body consisting of the 

representatives from each Contracting Party to the Agreement 

which is a Coastal State of the eastern Pacific Ocean or a 

member of the Inter-American Tropical Tuna Commission at 

the time of entry into force of the Agreement.¿ 

øSEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL. 

[16 U.S.C. 972a] 

ø(a) APPOINTMENT BY SECRETARY OF STATE.—The Secretary of 

State— 

ø(1) shall appoint a United States representative to the 

Council; and 

ø(2) may appoint not more than three alternate United 

States representatives to the Council. 

ø(b) QUALIFICATION.—An individual is not eligible for appointment as, or to serve as, the United States representative under 

subsection (a)(1) unless the individual is an officer or employee of 

the United States Government. 

ø(c) COMPENSATION.—An individual is not entitled to compensation for serving as the United States representative or an alternate 

United States representative. 

ø(d) TRAVEL EXPENSES.—While away from home or a regular 

place of business in the performance of service as the United States 

representative or an alternate United States representative, an individual is entitled to travel expenses, including per diem in lieu 

of subsistence, in the same manner as individuals employed interVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00076 Fmt 6659 Sfmt 6601 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
75 

mittently in Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.¿ 

øSEC. 4. SECRETARY OF STATE TO ACT FOR THE UNITED STATES. 

[16 U.S.C. 972b] 

øThe Secretary of State shall receive, on behalf of the United 

States Government, reports, requests, recommendations and other 

communications of the Council, and, in consultation with the Secretary of Commerce, shall act directly thereon or by reference to 

the appropriate authorities.¿ 

øSEC. 5. APPLICATION TO OTHER LAWS. 

[16 U.S.C. 972c] 

ø(a) Notwithstanding section 4 of the Fishermen’s Protective Act 

of 1967 (22 U.S.C. 1874), such Act applies with respect to a seizure 

by a Contracting Party to the Agreement of a vessel of the United 

States within the Agreement Area for violation of the Agreement 

if the Secretary of State determines that the violation is not of such 

seriousness as to diminish the effectiveness of the Agreement. 

ø(b) The seizure by a Contracting Party to the Agreement of a 

vessel of the United States shall not be considered to be a seizure 

described in section 205(a)(4)(C) of the Magnuson-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) if the 

seizure is consistent with the Agreement.¿ 

øSEC. 6. DISPOSITION OF FEES. 

[16 U.S.C. 972d] 

øAll fees accruing to the United States under Article III of the 

Agreement shall be deposited into the Treasury of the United 

States.¿ 

øSEC. 7. REGULATIONS. 

[16 U.S.C. 972e] 

øThe Secretary of Commerce, in cooperation with the Secretary 

of State and the Secretary of the department in which the Coast 

Guard is operating, shall issue such regulations as may be necessary to carry out the purposes and objectives of the Agreement 

and this Act. Regulations may be made applicable as necessary to 

all persons and vessels subject to the jurisdiction of the United 

States, wherever located. Regulations concerning the conservation 

of a designated species of tuna may be issued only to implement 

conservation recommendations made by the Council under Article 

3(D) of the Agreement.¿ 

øSEC. 8. PROHIBITED ACTS. 

[16 U.S.C. 972f] 

ø(a) UNLAWFUL ACTS.—It is unlawful for any person subject to 

the jurisdiction of the United States— 

ø(1) to engage in fishing for a designated species of tuna 

within the Agreement Area unless issued a license under the 

Agreement authorizing such fishing; 

ø(2) to engage in fishing for a designated species of tuna 

within the Agreement area in contravention of regulations promulgated by the Secretary of Commerce under the Agreement; 

ø(3) knowingly to ship, transport, purchase, sell, offer for 

sale, export, or have in custody, possession, or control any designated species of tuna taken or retained in violation of regulations issued under section 7; 


rfrederick on DSK6VPTVN1PROD with HEARING
76 

ø(4) to fail to make, keep, or furnish any catch return, statistical record, or other report required by regulations issued 

under section 7; 

ø(5) being a person in charge of a vessel of the United 

States, to fail to stop upon being hailed by an authorized official of the United States, or to refuse to permit officials of the 

United States to board the vessel or inspect its catch, equipment, books, documents, records, or other articles, or to question individuals on board; or 

ø(6) to import from any country, in violation of any regulation issued under section 7, any designated species of tuna. 

ø(b) PENALTIES.—Any person who is convicted of violating— 

ø(1) subsection (a)(1), (a)(2), or (a)(3) shall be fined or assessed a civil penalty not more than $25,000, and for a subsequent violation shall be fined or assessed a civil penalty not 

more than $50,000; 

ø(2) subsection (a)(4) or (a)(5) shall be fined or assessed a 

civil penalty not more than $5,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than 

$5,000; or 

ø(3) subsection (a)(6) shall be fined or assessed a civil penalty not more than $100,000. 

ø(c) FORFEITURE.—All designated species of tuna taken or retained in violation of subsection (a)(1), (2), (3), or (6), or the monetary value thereof, is subject to forfeiture. 

ø(d) APPLICATION OF LAWS RELATING TO SEIZURES AND FORFEITURES.—All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs 

laws, the disposition of such cargo or the proceeds from the sale 

thereof, and the remission or mitigation of such forfeitures shall 

apply to seizures and forfeitures incurred, or alleged to have been 

incurred, under this Act, insofar as such provisions of law are applicable and not inconsistent with the provision of this Act.¿ 

øSEC. 9. ENFORCEMENT. 

[16 U.S.C. 972g] 

ø(a) WARRANTS.—The judges of the United States district courts 

and United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, 

issue such warrants or other process as may be required for enforcement of this Act and the regulations issued under section 7. 

ø(b) JOINT RESPONSIBILITY FOR ENFORCEMENT.—The enforcement 

of this Act and the regulations issued under section 7 shall be the 

joint responsibility of the department in which the Coast Guard is 

operating, the Department of Commerce, and the United States 

Customs Service. In addition, the Secretary of Commerce may designate officers and employees of the States of the United States, of 

the Commonwealth of Puerto Rico, and of American Samoa to carry 

out enforcement activities under this section. When so designated, 

such officers and employees may function as Federal law enforcement agents for these purposes. 

ø(c) EXECUTION OF WARRANTS AND PROCESS.—An individual authorized to carry out enforcement activities under this section has 

power to execute any warrant or process issued by any officer or 

court of competent jurisdiction for the enforcement of this Act. 


rfrederick on DSK6VPTVN1PROD with HEARING
77 

ø(d) ARREST; SEARCH.—An individual so authorized to carry out 

enforcement activities under this section has power— 

ø(1) with or without a warrant or other process, to arrest 

any person subject to the jurisdiction of the United States at 

any place within the jurisdiction of the United States committing in his presence or view a violation of this Act or the regulations issued under section 7; 

ø(2) with or without a warrant or other process, to search 

any vessel subject to the jurisdiction of the United States, and, 

if, as a result of the search he has reasonable cause to believe 

that such vessel or any individual on board is engaging in operations in violation of this Act or any regulation issued thereunder to arrest such person.¿ 

ø(e) SEIZURE.—An individual authorized to enforce this Act may 

seize, whenever or wherever lawfully found, all species of designated tuna taken or retained in violation of this Act or the regulations issued under section 7. Any species so seized may be disposed of pursuant to the order of a court of competent jurisdiction, 

under subsection (f) of this section or, if perishable, in a manner 

prescribed by regulations of the Secretary of Commerce. 

ø(f) BOND OR STIPULATION FOR VALUE OF THE PROPERTY.—Notwithstanding the provisions of section 2464 of title 28, United 

States Code, when a warrant of arrest or other process in rem is 

issued in any cause under this section, the marshal or other officer 

shall stay the execution of such process, or discharge any species 

of designated tuna seized if the process has been levied, on receiving from the claimant of the species a bond or stipulation for the 

value of the property with sufficient surety to be approved by a 

judge of the district court having jurisdiction of the offense, conditioned to deliver the species seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court 

in such cause. Such bond or stipulation shall be returned to the 

court and judgment thereon against both the principal and sureties 

may be recovered in event of any breach of the conditions thereof 

as determined by the court. In the discretion of the accused, and 

subject to the direction of the court, the species may be sold for not 

less than its reasonable market value and the proceeds of such sale 

placed in the registry of the court pending judgment in the case.¿ 

øSEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 972h] 

øThere are authorized to be appropriated for fiscal years after 

fiscal year 1984 such sums as may be necessary to carry out this 

Act.¿ 

THE MARINE MAMMAL PROTECTION ACT OF 1972 

[16 U.S.C. 1361 et seq.] 

SEC. 101. MORATORIUM ON TAKING AND IMPORTING MARINE MAMMALS AND MARINE MAMMAL PRODUCTS 

[16 U.S.C. 1371] 

(a) IMPOSITION; EXCEPTIONS.—There shall be a moratorium on 

the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this Act, during 

which time no permit may be issued for the taking of any marine 


rfrederick on DSK6VPTVN1PROD with HEARING
78 

mammal and no marine mammal or marine mammal product may 

be imported into the United States except in the following cases: 

(1) Consistent with the provisions of section 104, permits 

may be issued by the Secretary for taking, and importation for 

purposes of scientific research, public display, photography for 

educational or commercial purposes, or enhancing the survival 

or recovery of a species or stock, or for importation of polar 

bear parts (other than internal organs) taken in sport hunts in 

Canada. Such permits, except permits issued under section 

104(c)(5), may be issued if the taking or importation proposed 

to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under title II. The Commission and Committee shall recommend any proposed taking or importation, 

other than importation under section 104(c)(5), which is consistent with the purposes and policies of section 2 of this Act. 

If the Secretary issues such a permit for importation, the Secretary shall issue to the importer concerned a certificate to 

that effect in such form as the Secretary of the Treasury prescribes, and such importation may be made upon presentation 

of the certificate to the customs officer concerned. 

(2) Marine mammals may be taken incidentally in the course 

of commercial fishing operations and permits may be issued 

therefor under section 104 subject to regulations prescribed by 

the Secretary in accordance with section 103, or in lieu of such 

permits, authorizations may be granted therefor under section 

118, subject to regulations prescribed under that section by the 

Secretary without regard to section 103. Such authorizations 

may be granted under title III with respect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, 

subject to regulations prescribed under that title by the Secretary without regard to section 103. In any event it shall be 

the immediate goal that the incidental kill or incidental serious 

injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. The Secretary of the Treasury shall ban the importation of commercial 

fish or products from fish which have been caught with commercial fishing technology which results in the incidental kill 

or incidental serious injury of ocean mammals in excess of 

United States standards. For purposes of applying the preceding sentence, the Secretary— 

(A) shall insist on reasonable proof from the government 

of any nation from which fish or fish products will be exported to the United States of the effects on ocean mammals of the commercial fishing technology in use for such 

fish or fish products exported from such nation to the 

United States; 

(B) in the case of yellowfin tuna harvested with purse 

seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall 

require that the government of the exporting nation provide documentary evidence that— 

(i) (I) the tuna or products therefrom were not 

banned from importation under this paragraph before 


rfrederick on DSK6VPTVN1PROD with HEARING
79 

the effective date of section 4 of the International Dolphin Conservation Program Act; or 

(II) the tuna or products therefrom were harvested 

after the effective date of section 4 of the International 

Dolphin Conservation Program Act by vessels of a nation which participates in the International Dolphin 

Conservation Program, and such harvesting nation is 

either a member of the Inter-American Tropical Tuna 

Commission or has initiated (and within 6 months 

thereafter completed) all steps required of applicant 

nations, in accordance with øarticle V, paragraph 3 of 

the Convention establishing the Inter-American Tropical Tuna Commission¿ Article XXX of the Convention 

for the Strengthening of the Inter-American Tropical 

Tuna Commission (also known as the Antigua Convention), to become a member of that organization; 

(ii) such nation is meeting the obligations of the 

International Dolphin Conservation Program and the 

obligations of membership in the Inter-American Tropical Tuna Commission, including all financial obligations; and 

(iii) the total dolphin mortality limits, and per-stock 

per-year dolphin mortality limits permitted for that 

nation’s vessels under the International Dolphin Conservation Program do not exceed the limits determined 

for 1997, or for any year thereafter, consistent with 

the objective of progressively reducing dolphin mortality to a level approaching zero through the setting 

of annual limits and the goal of eliminating dolphin 

mortality, and requirements of the International Dolphin Conservation Program; 

(C) shall not accept such documentary evidence if— 

(i) the government of the harvesting nation does not 

provide directly or authorize the Inter-American Tropical Tuna Commission to release complete and accurate information to the Secretary in a timely manner— 

(I) to allow determination of compliance with 

the International Dolphin Conservation Program; 

and 

(II) for the purposes of tracking and verifying 

compliance with the minimum requirements established by the Secretary in regulations promulgated under subsection (f) of the Dolphin Protection Consumer Information Act (16 U.S.C. 

1385(f)); or 

(ii) after taking into consideration such information, 

findings of the Inter-American Tropical Tuna Commission, and any other relevant information, including information that a nation is consistently failing to take 

enforcement actions on violations which diminish the 

effectiveness of the International Dolphin Conservation Program, the Secretary, in consultation with the 

Secretary of State, finds that the harvesting nation is 


rfrederick on DSK6VPTVN1PROD with HEARING
80 

not in compliance with the International Dolphin Conservation Program. 

(D) shall require the government of any intermediary 

nation to certify and provide reasonable proof to the Secretary that it has not imported, within the preceding six 

months, any yellowfin tuna or yellowfin tuna products that 

are subject to a direct ban on importation to the United 

States under subparagraph (B); 

(E) shall, six months after importation of yellowfin tuna 

or tuna products has been banned under this section, certify such fact to the President, which certification shall be 

deemed to be a certification for the purposes of section 8(a) 

of the Fishermen’s Protective Act of 1967 (22 U.S.C. 

1978(a)) for as long as such ban is in effect; and 

(F) (i) except as provided in clause (ii), in the case of fish 

or products containing fish harvested by a nation whose 

fishing vessels engage in high seas driftnet fishing, shall 

require that the government of the exporting nation provide documentary evidence that the fish or fish product 

was not harvested with a large-scale driftnet in the South 

Pacific Ocean after July 1, 1991, or in any other water of 

the high seas after January 1, 1993, and 

(ii) in the case of tuna or a product containing tuna 

harvested by a nation whose fishing vessels engage in 

high seas driftnet fishing, shall require that the government of the exporting nation provide documentary 

evidence that the tuna or tuna product was not harvested with a large-scale driftnet anywhere on the 

high seas after July 1, 1991. 

For purposes of subparagraph (F), the term ‘‘driftnet’’ has 

the meaning given such term in section 4003 of the 

Driftnet Impact Monitoring, Assessment, and Control Act 

of 1987 (16 U.S.C. 1822 note), except that, until January 

1, 1994, the term ‘‘driftnet’’ does not include the use in the 

northeast Atlantic Ocean of gillnets with a total length not 

to exceed five kilometers if the use is in accordance with 

regulations adopted by the European Community pursuant 

to the October 28, 1991, decision by the Council of Fisheries Ministers of the Community. 

(3) 

(A) The Secretary, on the basis of the best scientific evidence available and in consultation with the Marine Mammal Commission, is authorized and directed, from time to 

time, having due regard to the distribution, abundance, 

breeding habits, and times and lines of migratory movements of such marine mammals, to determine when, to 

what extent, if at all, and by what means, it is compatible 

with this Act to waive the requirements of this section so 

as to allow taking, or importing of any marine mammal, 

or any marine mammal product, and to adopt suitable regulations, issue permits, and make determinations in accordance with sections 102, 103, 104, and 111 of this title 

permitting and governing such taking and importing, in 

accordance with such determinations: Provided, however, 

That the Secretary, in making such determinations, must 


rfrederick on DSK6VPTVN1PROD with HEARING
81 

be assured that the taking of such marine mammal is in 

accord with sound principles of resource protection and 

conservation as provided in the purposes and policies of 

this Act: Provided further, however, That no marine mammal or no marine mammal product may be imported into 

the United States unless the Secretary certifies that the 

program for taking marine mammals in the country of origin is consistent with the provisions and policies of this 

Act. Products of nations not so certified may not be imported into the United States for any purpose, including 

processing for exportation. 

(B) Except for scientific research purposes, photography 

for educational or commercial purposes, or enhancing the 

survival or recovery of a species or stock as provided for 

in paragraph (1) of this subsection, or as provided for 

under paragraph (5) of this subsection, during the moratorium no permit may be issued for the taking of any marine 

mammal which has been designated by the Secretary as 

depleted, and no importation may be made of any such 

mammal. 

(4) (A) Except as provided in subparagraphs (B) and (C), the 

provisions of this Act shall not apply to the use of measures— 

(i) by the owner of fishing gear or catch, or an employee or agent of such owner, to deter a marine mammal from damaging the gear or catch; 

(ii) by the owner of other private property, or an 

agent, bailee, or employee of such owner, to deter a 

marine mammal from damaging private property; 

(iii) by any person, to deter a marine mammal from 

endangering personal safety; or 

(iv) by a government employee, to deter a marine 

mammal from damaging public property, 

so long as such measures do not result in the death or serious injury of a marine mammal. 

(B) The Secretary shall, through consultation with appropriate experts, and after notice and opportunity for 

public comment, publish in the Federal Register a list of 

guidelines for use in safely deterring marine mammals. In 

the case of marine mammals listed as endangered species 

or threatened species under the Endangered Species Act of 

1973, the Secretary shall recommend specific measures 

which may be used to nonlethally deter marine mammals. 

Actions to deter marine mammals consistent with such 

guidelines or specific measures shall not be a violation of 

this Act. 

(C) If the Secretary determines, using the best scientific 

information available, that certain forms of deterrence 

have a significant adverse effect on marine mammals, the 

Secretary may prohibit such deterrent methods, after notice and opportunity for public comment, through regulation under this Act. 

(D) The authority to deter marine mammals pursuant to 

subparagraph (A) applies to all marine mammals, including all stocks designated as depleted under this Act. 


rfrederick on DSK6VPTVN1PROD with HEARING
82 

(5) (A) (i) Upon request therefor by citizens of the United 

States who engage in a specified activity (other than commercial fishing) within a specified geographical region, the Secretary shall allow, during periods of not more than five consecutive years each, the incidental, but not intentional, taking 

by citizens while engaging in that activity within that region 

of small numbers of marine mammals of a species or population stock if the Secretary, after notice (in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the coastal areas that may be affected by such activity) and opportunity for public comment— 

(I) finds that the total of such taking during 

each five-year (or less) period concerned will have 

a negligible impact on such species or stock and 

will not have an unmitigable adverse impact on 

the availability of such species or stock for taking 

for subsistence uses pursuant to subsection (b) or 

section 109(f) or, in the case of a cooperative 

agreement under both this Act and the Whaling 

Convention Act of 1949 (16 U.S.C. 916 et seq.), 

pursuant to section 112(c); and 

(II) prescribes regulations setting forth— 

(aa) permissible methods of taking pursuant 

to such activity, and other means of effecting 

the least practicable adverse impact on such 

species or stock and its habitat, paying particular attention to rookeries, mating grounds, 

and areas of similar significance, and on the 

availability of such species or stock for subsistence uses; and 

(bb) requirements pertaining to the monitoring and reporting of such taking. 

(ii) For a military readiness activity (as defined in 

section 315(f) of Public Law 107-314; 16 U.S.C. 703 

note), a determination of ‘‘least practicable adverse impact on such species or stock’’ under clause (i)(II)(aa) 

shall include consideration of personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. Before making 

the required determination, the Secretary shall consult with the Department of Defense regarding personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. 

(iii) Notwithstanding clause (i), for any authorization affecting a military readiness activity (as defined 

in section 315(f) of Public Law 107-314; 16 U.S.C. 703 

note), the Secretary shall publish the notice required 

by such clause only in the Federal Register. 

(B) The Secretary shall withdraw, or suspend for a time 

certain (either on an individual or class basis, as appropriate) the permission to take marine mammals under 

subparagraph (A) pursuant to a specified activity within a 

specified geographical region if the Secretary finds, after 

notice and opportunity for public comment (as required 


rfrederick on DSK6VPTVN1PROD with HEARING
83 

under subparagraph (A) unless subparagraph (C)(i) applies), that— 

(i) the regulations prescribed under subparagraph 

(A) regarding methods of taking, monitoring, or reporting are not being substantially complied with by a person engaging in such activity; or 

(ii) the taking allowed under subparagraph (A) pursuant to one or more activities within one or more regions is having, or may have, more than a negligible 

impact on the species or stock concerned. 

(C) (i) The requirement for notice and opportunity for 

public comment in subparagraph (B) shall not apply in the 

case of a suspension of permission to take if the Secretary 

determines that an emergency exists which poses a significant risk to the well-being of the species or stock concerned. 

(ii) Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this 

paragraph. 

(D) 

(i) Upon request therefor by citizens of the United 

States who engage in a specified activity (other than 

commercial fishing) within a specific geographic region, the Secretary shall authorize, for periods of not 

more than 1 year, subject to such conditions as the 

Secretary may specify, the incidental, but not intentional, taking by harassment of small numbers of marine mammals of a species or population stock by such 

citizens while engaging in that activity within that region if the Secretary finds that such harassment during each period concerned— 

(I) will have a negligible impact on such species 

or stock, and 

(II) will not have an unmitigable adverse impact 

on the availability of such species or stock for taking for subsistence uses pursuant to subsection 

(b), or section 109(f) or pursuant to a cooperative 

agreement under section 119. 

(ii) The authorization for such activity shall prescribe, where applicable— 

(I) permissible methods of taking by harassment 

pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of 

similar significance, and on the availability of 

such species or stock for taking for subsistence 

uses pursuant to subsection (b) or section 109(f) or 

pursuant to a cooperative agreement under section 119, 

(II) the measures that the Secretary determines 

are necessary to ensure no unmitigable adverse 

impact on the availability of the species or stock 

for taking for subsistence uses pursuant to subVerDate Mar 15 2010 05:04 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00085 Fmt 6659 Sfmt 6601 E:\HR\OC\SR127.XXX SR127

rfrederick on DSK6VPTVN1PROD with HEARING
84 

section (b) or section 109(f) or pursuant to a cooperative agreement under section 119, and 

(III) requirements pertaining to the monitoring 

and reporting of such taking by harassment, including requirements for the independent peer review of proposed monitoring plans or other research proposals where the proposed activity may 

affect the availability of a species or stock for taking for subsistence uses pursuant to subsection (b) 

or section 109(f) or pursuant to a cooperative 

agreement under section 119. 

(iii) The Secretary shall publish a proposed authorization not later than 45 days after receiving an application under this subparagraph and request public 

comment through notice in the Federal Register, 

newspapers of general circulation, and appropriate 

electronic media and to all locally affected communities for a period of 30 days after publication. Not 

later than 45 days after the close of the public comment period, if the Secretary makes the findings set 

forth in clause (i), the Secretary shall issue an authorization with appropriate conditions to meet the requirements of clause (ii). 

(iv) The Secretary shall modify, suspend, or revoke 

an authorization if the Secretary finds that the provisions of clauses (i) or (ii) are not being met. 

(v) A person conducting an activity for which an authorization has been granted under this subparagraph 

shall not be subject to the penalties of this Act for taking by harassment that occurs in compliance with 

such authorization. 

(vi) For a military readiness activity (as defined in 

section 315(f) of Public Law 107-314; 16 U.S.C. 703 

note), a determination of ‘‘least practicable adverse impact on such species or stock’’ under clause (i)(I) shall 

include consideration of personnel safety, practicality 

of implementation, and impact on the effectiveness of 

the military readiness activity. Before making the required determination, the Secretary shall consult with 

the Department of Defense regarding personnel safety, 

practicality of implementation, and impact on the effectiveness of the military readiness activity. 

(vii) Notwithstanding clause (iii), for any authorization affecting a military readiness activity (as defined 

in section 315(f) of Public Law 107-314; 16 U.S.C. 703 

note), the Secretary shall publish the notice required 

by such clause only in the Federal Register. 

(E) 

(i) During any period of up to 3 consecutive years, 

the Secretary shall allow the incidental, but not the 

intentional, taking by persons using vessels of the 

United States or vessels which have valid fishing permits issued by the Secretary in accordance with section 204(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1824(b)), 


rfrederick on DSK6VPTVN1PROD with HEARING
85 

while engaging in commercial fishing operations, of 

marine mammals from a species or stock designated 

as depleted because of its listing as an endangered 

species or threatened species under the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary, after notice and opportunity for public comment, determines that— 

(I) the incidental mortality and serious injury 

from commercial fisheries will have a negligible 

impact on such species or stock; 

(II) a recovery plan has been developed or is 

being developed for such species or stock pursuant 

to the Endangered Species Act of 1973; and 

(III) where required under section 118, a monitoring program is established under subsection (d) 

of such section, vessels engaged in such fisheries 

are registered in accordance with such section, 

and a take reduction plan has been developed or 

is being developed for such species or stock. 

(ii) Upon a determination by the Secretary that the 

requirements of clause (i) have been met, the Secretary shall publish in the Federal Register a list of 

those fisheries for which such determination was 

made, and, for vessels required to register under section 118, shall issue an appropriate permit for each 

authorization granted under such section to vessels to 

which this paragraph applies. Vessels engaged in a 

fishery included in the notice published by the Secretary under this clause which are not required to register under section 118 shall not be subject to the penalties of this Act for the incidental taking of marine 

mammals to which this paragraph applies, so long as 

the owner or master of such vessel reports any incidental mortality or injury of such marine mammals to 

the Secretary in accordance with section 118. 

(iii) If, during the course of the commercial fishing 

season, the Secretary determines that the level of incidental mortality or serious injury from commercial 

fisheries for which a determination was made under 

clause (i) has resulted or is likely to result in an impact that is more than negligible on the endangered or 

threatened species or stock, the Secretary shall use 

the emergency authority granted under section 118 to 

protect such species or stock, and may modify any permit granted under this paragraph as necessary. 

(iv) The Secretary may suspend for a time certain or 

revoke a permit granted under this subparagraph only 

if the Secretary determines that the conditions or limitations set forth in such permit are not being complied 

with. The Secretary may amend or modify, after notice 

and opportunity for public comment, the list of fisheries published under clause (ii) whenever the Secretary determines there has been a significant change 

in the information or conditions used to determine 

such list. 


rfrederick on DSK6VPTVN1PROD with HEARING
86 

(v) Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this 

subparagraph. 

(vi) This subparagraph shall not govern the incidental taking of California sea otters and shall not be 

deemed to amend or repeal the Act of November 7, 

1986 (Public Law 99-625; 100 Stat. 3500). 

(F) Notwithstanding the provisions of this subsection, 

any authorization affecting a military readiness activity 

(as defined in section 315(f) of Public Law 107-314; 16 

U.S.C. 703 note) shall not be subject to the following requirements: 

(i) In subparagraph (A), ‘‘within a specified geographical region’’ and ‘‘within that region of small 

numbers’’. 

(ii) In subparagraph (B), ‘‘within a specified geographical region’’ and ‘‘within one or more regions’’. 

(iii) In subparagraph (D), ‘‘within a specific geographic region’’, ‘‘of small numbers’’, and ‘‘within that 

region’’. 

(6) 

(A) A marine mammal product may be imported into the 

United States if the product— 

(i) was legally possessed and exported by any citizen 

of the United States in conjunction with travel outside 

the United States, provided that the product is imported into the United States by the same person upon 

the termination of travel; 

(ii) was acquired outside of the United States as 

part of a cultural exchange by an Indian, Aleut, or Eskimo residing in Alaska; or 

(iii) is owned by a Native inhabitant of Russia, Canada, or Greenland and is imported for noncommercial 

purposes in conjunction with travel within the United 

States or as part of a cultural exchange with an Indian, Aleut, or Eskimo residing in Alaska. 

(B) For the purposes of this paragraph, the term— 

(i) ‘‘Native inhabitant of Russia, Canada, or Greenland’’ means a person residing in Russia, Canada, or 

Greenland who is related by blood, is a member of the 

same clan or ethnological grouping, or shares a common heritage with an Indian, Aleut, or Eskimo residing in Alaska; and 

(ii) ‘‘cultural exchange’’ means the sharing or exchange of ideas, information, gifts, clothing, or handicrafts between an Indian, Aleut, or Eskimo residing in 

Alaska and a Native inhabitant of Russia, Canada, or 

Greenland, including rendering of raw marine mammal parts as part of such exchange into clothing or 

handicrafts through carving, painting, sewing, or decorating. 

* * * * * * * 


rfrederick on DSK6VPTVN1PROD with HEARING
87 

SEC. 108. INTERNATIONAL PROGRAM. 

[16 U.S.C. 1378] 

(a) DUTIES OF SECRETARY.—The Secretary, through the Secretary 

of State, shall— 

(1) initiate negotiations as soon as possible for the development of bilateral or multilateral agreements with other nations 

for the protection and conservation of all marine mammals covered by this Act; 

(2) initiate— 

(A) negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or 

companies engaged in, commercial fishing operations 

which are found by the Secretary to be unduly harmful to 

any species or population stock of marine mammal, for the 

purpose of entering into bilateral and multilateral treaties 

with such countries to protect marine mammals, with the 

Secretary of State to prepare a draft agenda relating to 

this matter for discussion at appropriate international 

meetings and forums; 

(B) discussions with foreign governments whose vessels 

harvest yellowfin tuna with purse seines in the eastern 

tropical Pacific Ocean, for the purpose of concluding, 

through the Inter-American Tropical Tuna Commission or 

such other bilateral or multilateral institutions as may be 

appropriate, international arrangements for the conservation of marine mammals taken incidentally in the course 

of harvesting such tuna, which should include provisions 

for (i) cooperative research into alternative methods of locating and catching yellowfin tuna which do not involve 

the taking of marine mammals, (ii) cooperative research on 

the status of affected marine mammal population stocks, 

(iii) reliable monitoring of the number, rate, and species of 

marine mammals taken by vessels of harvesting nations, 

(iv) limitations on incidental take levels based upon the 

best scientific information available, and (v) the use of the 

best marine mammal safety techniques and equipment 

that are economically and technologically practicable to reduce the incidental kill and serious injury of marine mammals to insignificant levels approaching a zero mortality 

and serious injury rate; and 

ø(C) negotiations to revise the Convention for the Establishment of an Inter-American Tropical Tuna Commission 

(1 U.S.T. 230; TIAS 2044) which will incorporate— 

ø(i) the conservation and management provisions 

agreed to by the nations which have signed the Declaration of Panama and in the Straddling Fish Stocks 

and Highly Migratory Fish Stocks Agreement, as 

opened for signature on December 4, 1995; and 

ø(ii) a revised schedule of annual contributions to 

the expenses of the Inter-American Tropical Tuna 

Commission that is equitable to participating nations; 

and¿ 

ø(D)¿ (C) discussions with those countries participating, 

or likely to participate, in the International Dolphin Conservation Program, for the purpose of identifying sources 


rfrederick on DSK6VPTVN1PROD with HEARING
88 

of funds needed for research and other measures promoting effective protection of dolphins, other marine species, and the marine ecosystem; 

(3) encourage such other agreements to promote the purposes of this Act with other nations for the protection of specific ocean and land regions which are of special significance to 

the health and stability of marine mammals; 

(4) initiate the amendment of any existing international 

treaty for the protection and conservation of any species of marine mammal to which the United States is a party in order 

to make such treaty consistent with the purposes and policies 

of this Act; 

(5) seek the convening of an international ministerial meeting on marine mammals before July 1, 1973, for the purposes 

of (A) the negotiation of a binding international convention for 

the protection and conservation of all marine mammals, and 

(B) the implementation of paragraph (3) of this section; and 

(6) provide to the Congress by not later than one year after 

the date of the enactment of this Act a full report on the results of his efforts under this section. 

* * * * * * * 

SEC. 307. PROHIBITIONS. 

[16 U.S.C. 1417] 

(a) IN GENERAL.—It is unlawful— 

(1) for any person to sell, purchase, offer for sale, transport, 

or ship, in the United States, any tuna or tuna product unless 

the tuna or tuna product is either dolphin safe or has been 

harvested in compliance with the International Dolphin Conservation Program by a country that is a member of the InterAmerican Tropical Tuna Commission or has initiated and within 6 months thereafter completed all steps required of applicant nations in accordance with øArticle V, paragraph 3 of the 

Convention establishing the Inter-American Tropical Tuna 

Commission¿ Article XXX of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission (also 

known as the Antigua Convention), to become a member of that 

organization; 

(2) except as provided for in subsection 101(d), for any person or vessel subject to the jurisdiction of the United States intentionally to set a purse seine net on or to encircle any marine mammal in the course of tuna fishing operations in the 

eastern tropical Pacific Ocean except in accordance with this 

title and regulations issued pursuant to this title; and 

(3) for any person to import any yellowfin tuna or yellowfin 

tuna product or any other fish or fish product in violation of 

a ban on importation imposed under section 101(a)(2); 

(4) for any person to violate any regulation promulgated 

under this title; 

(5) for any person to refuse to permit any duly authorized officer to board a vessel subject to that person’s control for purposes of conducting any search or inspection in connection with 

the enforcement of this title; and 


rfrederick on DSK6VPTVN1PROD with HEARING
89 

(6) for any person to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (5). 

* * * * * * * 

Æ 


rfrederick on DSK6VPTVN1PROD with HEARING